### Thomas Legal Solutions

9048 Halkirk Way, Sacramento, California 95829

Email: info@thomaslegal.net • Phone: (650) 793 - 7129

1 October 28, 2015

U. S. Department of Transportation Docket Management Facility 1200 New Jersey Avenue SE West Building Ground Floor, Room W12-140 Washington, DC 20590

Re: Request for exemption (pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regs) from: 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113(a)&(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 1 4 CFR 91.103(b); 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a)&(b); 14 CFR 91.205(b)(3)&(4); 14 CFR 91.215; 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1)&(2); 14 CFR 91.417(a)&(b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Spirit of Space, LLC ( "Applicant"), established architectural

filmmaker 1 and proposed/intended operator of certain small Un manned Aircraft Systems (“sUASs”) equipped to conduct aerial photog raphy for purposes of filmmaking, cinematography and videography, hereby applies for exemption from the listed Federal Aviation Regulations (“FARs”), and any additional r egulations that the FAA may deem to apply or be relevant to the subject matter hereof, to allow commercial operation of its sUAS(s) within and under the conditions outlined he rein, or as may be established by the FAA pursuant to Section 333. The particular sU AS(s) for which exemption is sought is/are listed in Exhibit A . We originally intended to attach, as additional Exhibits, the official User Manual (together with relevant associ ated materials, e.g. Safety Guidelines, Maintenance Manual, etc.) for each sUAS for which w e request exemption. However, we have recently learned that the FAA does not (or does not any longer) require submission of such materials in support of Section 333 exemption requests. 2 We have therefore omitted them, but would be happy to provide them upon request.

1 Spirit of Space, LLC has been in continuous operat ion in the field of architectural photography, filmmaking, cinematography and videography since 20 06. It has also won a number of major awards during that time.

2 See FAA document titled "Section 333 Petition Guid ance & Checklist," sixth square bullet point, locat ed

at: http://www.faa.gov/uas/legislative_programs/section _333/how_to_file_a_petition/media/Section333-Petition-Checklist.pdf

.2

As described more fully below, the requested exempt ion would permit the operation of certain small, unmanned sUAS(s) under controlled co nditions in airspace which is both limited and predetermined and under circumstances w hich would provide substantial safety enhancements as compared with the operations presently conducted in the filmmaking, cinematography and videography industry using conventional manned aircraft. Approval of this exemption would thereby enhance safety, and so be manifestly in the public interest, and would fulfil l the Secretary of Transportation’s (the FAA Administrator’s) mandate and authorization unde r Section 333(c) of the Reform Act to “...establish requirements for the safe operatio n of such aircraft [i.e. UAS] systems in the national airspace system.”

The name and address of Applicant is:

Spirit of Space, LLC 53 W. Jackson Blvd, Suite 1456 Chicago, IL 60604

•→ However, please direct all correspondence and o ther communications regarding this petition, for and on behalf of Appli cant, to:

Terry L. Thomas Thomas Legal Solutions 9048 Halkirk Way

Sacramento, CA 95829 E: terry@thomaslegal.net C: (650) 793 - 7129

A. OVERVIEW

Regulations from which exemption is requested:

14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113(a)&(b) 14 C.F.R. 91.7(a) 14 CFR 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 CFR 91.151(a) 14 CFR 91.203(a)&(b) 14 CFR 91.205(b)(3)&(4)

14 CFR 91.215 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a)&(b)

This request for exemption is expressly submitted t o fulfill Congress’ goal in passing Sections 333(a) through (c) of the Reform Act. The aforementioned law directs the3

Secretary of Transportation to consider whether cer tain unmanned aircraft systems may operate safely in the national airspace system (NAS ) before completion of rulemaking as required pursuant to Section 332 of the Reform Act. In making this determination, the Secretary is directed to determine which types of U ASs do not create a hazard to users of the NAS or to the general public, nor pose a thr eat to national security, in light of the following (Reform Act §333(a)):

• The UAS’s size, weight, speed, and operational ca pability; • Operation of the UAS in close proximity to airpor ts and populated areas; and • Operation of the UAS within visual line of sight of the operator.

The Federal Aviation Act expressly grants the FAA t he authority to issue exemptions. This statutory authority by its terms includes exem pting civil aircraft, as the term is defined under §40101 of the Act, which includes sUA Ss, from the requirement that all

civil aircraft must have a current airworthiness ce rtificate. The Administrator may grant an exemption from a requirement of a regulation pre scribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the exemption to be in the public interest. 49 U.S.C. § 44701(f). See also 49 USC §44711(a); 49 USC §44704; and 14 CFR §91.203(a)(1).

Applicant's sUASs are rotorcraft, weigh well under 55 lbs (typically even less than 10 lbs), inclusive of payload, and are battery powered (hence carry no fuel). They typically operate at well below the (87 knot/100 statute mph) maximum speed previously established by the FAA in grants of exemption simil ar to the one requested in this letter. They are the functional equivalent of helicopters ( the term used in many of the relevant regulations), having the ability to hover, and to m ove in the vertical and horizontal plane simultaneously. They will be operated only in visua l line of sight and within limited and predetermined areas and environments associated wit h each video project "shoot" location. Such operations will ensure that the sUA Ss do "not create a hazard to users of the national airspace system or the public.” Refor m Act Section 333(b).

Given the limited size, weight and speed of the sUA Ss at issue, and the limited and predetermined areas and environments within which t hey will operate: (i) Applicant would seem to fall squarely within that zone of saf ety (i.e., an equivalent level of safety) within which Congress envisioned and directed that the FAA, by exemption, allow commercial operations of UASs; and (ii) operation o f the sUASs presents no issues involving national security. Given the clear manda te and authority given the FAA in Section 333 of the Reform Act, the general authorit y contained in the Federal Aviation Act, as amended, the strong equivalent level of saf ety surrounding Applicant's proposed sUAS operations, and the significant public benefit involved, including but not necessarily limited to enhanced safety (given, e.g. , their much smaller size and lower airspeed, absence of flammable fuel tankage, etc.), reduction in environmental impact (e.g. absence of fossil fuel exhaust emissions, sig nificantly reduced noise "pollution," etc.), we believe that grant of the requested exemp tion is clearly in the public interest.4

Accordingly, Applicant respectfully requests that t he FAA grant the requested exemption without undue delay.

B. AIRCRAFT OPERATIONS; EQUIVALENT LEVEL OF SAFETY

Applicant proposes that the exemption requested her ein apply to civil aircraft that have the characteristics and that operate with the limit ations/conditions listed in this Section below. We believe these limitations/conditions prov ide for at least an equivalent level of safety as compared to operations under the curre nt regulatory structure. The limitations/conditions which Applicant proposes to follow when conducting commercial operations include: 3

1. The sUAS will weigh less than 55 lbs fully loade d at the time of takeoff.

2. Flights will be operated at an altitude of no mo re than 400 feet AGL.

3. Flights will be operated at speeds not exceeding 87 knots (100 statute mph).

4. Minimum crew for each operation will consist of the sUAS Pilot-inCommand ("PIC"), and a Visual Observer ("VO") capab le of two-way

verbal communication with the PIC.

5. Flights will be operated within visual line of s ight of the PIC and/or VO

at all times.

6. The sUAS PIC will be an FAA licensed airman hold ing (at a minimum) a current, valid sport pilot’s certificate and a curr ent, valid driver's license issued by one of the 50 United States or the Distri ct of Columbia.

7. If the sUAS loses communications or loses its GP S signal, the UAS will have capability to return to the launch point (or t o another nearby predetermined location) within the area of sUAS operat ions.

8. Flights will be terminated by the PIC, at the l atest, whenever the sUAS's battery has been discharged to twenty-five p ercent (25%) of capacity.

3 This list is informed by and proposed in conforman ce with various exemptions recently granted by the FAA under circumstances substantially similar to th ose described in this letter, as applying to Applic ant and to commercial operations of the sUAS system(s) for which exemption is requested. The FAA is obviously free to impose alternate or additional re quirements pursuant to its rulemaking and exemption

grant authority, and inclusion of this list is in n o way intended to suggest otherwise.5

C. 14 C.F.R. Part 21, Subpart H: Airworthiness Cert ificates; 14 C.F.R. §91.203(a)(1).

14 C.F.R. Part 21, Subpart H, entitled Airworthines s Certificates, establishes the procedural requirements for the issuance of airwort hiness certificates as required by FAR §91.203(a)(1). Given the size and limited opera ting area associated with the aircraft to be utilized by Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§447 01(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraf t from the requirement for an airworthiness certificate, upon consideration of th e size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates t hat the UAS operated without an airworthiness certificate, in the restricted enviro nment 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 certifi cate without the restrictions and conditions proposed.

The sUAS(s) to be operated hereunder are less than 55 lbs fully loaded, carry neither a pilot nor passenger(s), carry no flammable liquid f uels or other combustible materials, and will be maintained and operated in accordance w ith each sUAS's respective official User Manual (together with any relevant associated materials, e.g. Safety Guidelines, Maintenance Manual, etc.), except as may further be limited by the list of restrictions proposed above, and/or other conditions/restriction s as the FAA may establish in its grant of exemption. Furthermore, there is no credi ble threat to national security posed by operation of the UAS(s) as set forth herein, due to their limited size and speed, limited size of each video "shoot" locale (typicall y a single large structure or complex, together with its immediate environs), duration and scope of operation, lack of flammable liquid fuels or other combustible materi als, and inability to carry any substantial payload.

D. 14 C.F.R. § 45.23(b): Marking of the Aircraft.

The cited regulation requires:

When marks include only the Roman capital letter "N " and the registration number is displayed on limited, restri cted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near ea ch entrance to the cabin, cockpit, or pilot station, in letters not le ss than 2 inches nor more than 6 inches high, the words "limited," "restricte d," "light-sport," "experimental," or "provisional," as applicable.

Even though (assuming FAA grant of the preceding re quested exemption) the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no6

entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Also, given the size of the sUAV, the requi rement for (at a minimum) two-inch lettering will be impossible to satisfy. The FAA h as previously issued (at least) the following exemptions to this regulation to Exemptio ns Nos. 10700, 8738, 10167 and 10167A, 11062, 11109, 11112 and 11213. We respectf ully request a comparable exemption from this requirement.

E. 14 C.F.R. § 61.113(a)&(b): Private Pilot Privileges /Limitations: Pilot in Command.

Sections 61.113(a)&(b) limit private pilots to non- commercial operations. Because the UAS will not carry either pilot or passenger(s), an d given its much smaller size and weight as compared with even the smallest manned ai rcraft, the proposed operations can achieve the equivalent level of safety of curre nt manned operations by requiring the PIC operating the UAS to have an FAA sport pilot’s license (or better) and current valid US driver's license, as established in previous gra nts of exemption made in circumstances substantially similar to those descri bed in the instant exemption request. It is our considered opinion that the risks associa ted with operation of the sUAS(s) as proposed in this letter are so diminished in compar ison with the general level of risk associated with commercial operations contemplated by Part 61 at the time of its drafting, that allowing operations as requested her ein will substantially exceed the present level of safety achieved by 14 C.F.R. §61.1 13(a)&(b).

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Ma nual in the Aircraft.

Section 91.9(b)(2) provides in pertinent part:

No person may operate a U.S.-registered civil aircr aft ... [f]or which an Airplane or Rotorcraft Flight Manual is not require d by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manu al material, markings, and placards, or any combination thereof. (emphasis added)

The sUAS, given its size and configuration, has no room or capacity to carry such a flight manual on the aircraft itself, nor would inclusion of such a manual seem to serve a purpose cognizable by the relevant statutory/regula tory structure, given that there will be no pilot on board the sUAS. However, we are of the opinion that an equivalent level of safety, serving the relevant statutory/regulator y purpose, will be maintained by keeping the official User Manual (together with any relevant associated materials, e.g. Safety Guidelines, Maintenance Manual, etc.) at the sUAS ground control point, where

the PIC will have immediate access to it at all tim es relevant to operations. The FAA has issued (at least) the following exemptions to this regulation under similar circumstances: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, 11062, 11109, 11112 and 11213. We respectfu lly request a comparable exemption from this requirement.7

G. 14 C.F.R. § 91.103: Preflight action

The cited regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rot orcraft flight manuals will not be provided for the aircraft an exemption will be need ed. An equivalent level of safety will be provided by conforming Applicant's sUAS maintena nce and operations to its respective official User Manual (together with any relevant associated materials, e.g. Safety Guidelines, Maintenance Manual, etc.), and t o those conditions and limitations set forth in the relevant FAA-issued exemption.

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

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruc tion unless that aircraft has fully functioning dual controls. We observe that sUASs a nd other remotely piloted aircraft, by design, are not (except, perhaps, in rare and sp ecialized circumstances) fitted with dual flight controls. Rather, flight control is ac complished through the use of a control

box that communicates with the aircraft via radio c ommunications. The FAA has previously approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in certain experimental aircraft. See, e.g., Exemptions Nos. 5778K & 9862A. In the case of Applicant's sUAS(s), we believe that an equivalent level of safety will be established b y the fact that neither a pilot nor passengers will be carried in the aircraft, by the size and speed of the aircraft, by other aspects of the sUAS(s) at issue (for example, batte ry power as opposed to flammable fuel tankage) and by other limitations and restrict ions on operations as proposed herein, and as the FAA may otherwise establish in i ts grant of exemption. We therefore respectfully request exemption from this requiremen t.

I. 14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any r oute or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is functionally equivalent to a helicopter and the exemption requests authority t o operate at altitudes below 400 feet AGL, an exemption may be needed to allow such operations.

J. 14 C.F.R. §91.121 Altimeter Settings

The cited 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 availab le before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may8

be needed. The GPS system implemented in Applicant 's current sUAS allows the PIC to set a maximum flight ceiling which the sUAS is prog rammed then automatically not to exceed. In any case where automatic implementation of flight ceiling restrictions is (for whatever reason) not possible, we believe and respe ctfully submit that an equivalent level of safety will be achieved by the PIC confirm ing the altitude of the launch site shown on the GPS altitude indicator before flight, and thereafter ensuring that the sUAS

does not exceed this baseline altitude + 400 feet.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Fli ght in VFR Conditions

Section 91.151(a) prohibits an individual from begi nning “a flight in an airplane under VFR conditions unless (considering wind and forecas t weather conditions) there is enough fuel to fly to the first point of intended l anding, and, assuming normal cruising speed – (1) During the day, to fly after that for a t least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes.”

The batteries powering current leading professional -level UAS models may -- depending on make and model -- be rated to provide less than, or only slightly more than, 30 minutes of flight time in toto on a full charge (for example, the DJI Inspire 1 m odel listed

on Exhibit A is rated to provide somewhat less than 30 minutes of flight time in toto on a full charge). Therefore, it may be difficult or imp ossible to meet the 30 minute reserve requirement in 14 CFR §91.151(a), and even in cases where meeting such a requirement is technically possible, it presents certain obviou s practical difficulties, as even in such cases sUAS flights would of necessity be limited to only a few minutes in length, greatly reducing the utility for which the instant exemptio n is requested.

Given the limitations on the sUAS’s proposed flight operations, the localization of each on-site video "shoot" to within a relatively small, fixed, limited and predetermined area, the sUAS's small size and weight, its lack of flamm able fuel or other potentially dangerous payload, its constant proximity to and VL OS observation by the PIC and VO, the ease and rapidity with which it can complete sa fe landing and recovery (both in absolute terms, and as compared with conventional m anned aircraft, particularly fixedwing aircraft which require established runways and other ground support facilities for safe landing), etc., we respectfully submit that a longer time frame for flight would appear reasonable in the instant case, and believe that such an exemption from 14 CFR §91.151(a) would in our case fall within the scope of prior granted exemptions. See, e.g., Exemption 10673 (allowing Lockheed Martin Corporati on to operate without compliance with FAR 91.151(a)). For all the reason s given in this paragraph above, we respectfully submit that grant of such an exemption does not engender the types of risks that Section 91.151(a) was intended to allevi ate.

Applicant believes and respectfully proposes that a n equivalent level of safety can be achieved by limiting flights to a duration which wi ll be terminated by the operator whenever only twenty-five percent (25%) of battery power is remaining. This restriction9

would be more than sufficient to safely return the sUAS to its planned landing zone from anywhere in its limited operating area. We no te that the FAA has issued (at least) the following exemptions to this regulation under s imilar circumstances: Exemption Nos. 2689F, 5745, 10673, and 10808. We therefore respectfully request an exemption from this requirement.

L. 14 C.F.R. §91.203(a)& (b): Carrying Civil Aircra ft Certification and Registration

The cited regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may o perate a civil aircraft unless it has within it ... [a]n appropriate and cu rrent airworthiness certificate[.]

(b) No person may operate a civil aircraft unless t he airworthiness certificate required by paragraph (a) of this secti on 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 cre w.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to car ry certification and registration documents or to display them on the sUAS. However, an equivalent level of safety will be achieved by keeping these documents at the sUAS ground control point, where the

PIC will have immediate access to them to the exten t they are applicable to the sUAS or its operations. The FAA has issued numerous exempti ons to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

M. 14 C.F.R. §91.405(a); 407(a)(1); 409(a)(2); 417( a)&(b): Maintenance Inspections

The cited regulations require that an aircraft oper ator or owner “shall have that aircraft inspected as prescribed in subpart E of this part a nd 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 that others shall inspect or maintain the aircraft in compliance with said Part 43.

Given that these regulations and Part 43 apply only to aircraft with an airworthiness certificate, and assuming the FAA grants the exempt ion requested in Section C of this letter above, they would seem by their terms not to apply to Applicant. We respectfully submit that an equivalent level of safety will be a chieved in the following way: (i) sUAS maintenance will be accomplished by Applicant pursu ant to manufacturer recommendations as set forth in its respective offi cial User Manual (together with any relevant associated materials, e.g. Safety Guidelin es, Maintenance Manual, etc.); and (ii)10

the PIC will inspect and test the fuselage, control surfaces/linkages, propulsion systems and radio control systems for proper condition and operation prior to each flight.

We note that the UAS(s) at issue (i) are very limit ed in size, (ii) carry only a small payload (camera and powered servo mount), and (iii) will op erate only in limited and predetermined areas and environments, under VLOS co nditions, and for brief periods of time. Should mechanical issues nevertheless arise, the UAS can land immediately, and will be operating at no higher than 400 feet AGL in any event. Applicant/PIC will ensure that the UAS is in proper working order and will pe rform any required maintenance prior to beginning flight operations.

N. NOTICE FOR PUBLICATION IN FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the Federal Register, should the FAA determine that suc h publication is necessary:

Applicant seeks an exemption from the following rul es: 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113(a)&(b); 14 CFR 91.7( a); 14 CFR 91.9(b)(2); 14 CFR 91.103(b); 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a)&(b); 14 CFR 91.205(b)(3 )&(4); 14 CFR 91.215; 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.40 9(a)(1)&(2); 14 CFR 91.417(a)&(b), to facilitate commercial operation o f a small unmanned vehicle (55 lbs or less) in filmmaking, cinematogra phy and videography.

O. APPLICABILITY OF EXEMPTION OUTSIDE THE UNITED ST ATES

While most of Applicant's operations currently occu r within the United States proper, Applicant has in the past, and does from time to ti me, accept and perform film projects in non-US jurisdictions. Applicant may therefore w ish to exercise the privileges of exemption requested hereunder outside the US in suc h cases. All required rules and regulations will be followed should this occur.

* * * * *

CONCLUSION

Approval of the requested exemption allowing for Ap plicant's commercial operations of

the scheduled sUAS(s) in the filmmaking, cinematography and video graphy industry, conducted under circumstances and subject to reason able restrictions as set forth herein, and/or as otherwise established by the FAA, (i) will provide (at least) an equivalent level of safety sufficient to support gr ant of the exemptions requested herein (i) may actually enhance safety by, e.g., reducing risk to conventional manned aircraft flight crews, uninvolved bystanders, property, the environment and the public at large, and (iii) is therefore manifestly in the public int erest.11

We respectfully submit that our request as set fort h in this letter falls well within and satisfies the criteria provided in Section 333 of t he Reform Act of 2012 -- size, weight, speed, operating capabilities, operation within vis ual line of sight and absence of national security concerns ( inter alia ) -- and hence provides more than adequate justification for the grant of the requested exempt ions to allow for commercial operation of Applicant’s UAS(s) in the filmmaking, cinematography and videography industry.

Sincerely,

Terry L. Thomas, Esq. Thomas Legal Solutions Counsel for Spirit of Space, LLC

cc: Adam Goss, Principal, Spirit of Space, LLC Michael Marianek, Principal, Spirit of Space, LL C12 EXHIBIT A

UNMANNED AIRCRAFT SYSTEMS

FOR WHICH EXEMPTION IS REQUESTED

• DJI Inspire 1