December 11, 2015

U.S. Department ofTransportation Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409(a)(1) and {2}; 91.417{a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act, I, Jonathan Elwell, operator ofan Unmanned Aircraft System (UAS), hereby apply on behalf of JE Productions,for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of my UAS, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) ofTitle 14, Code of Federal Regulations (14 CFR). This proposed exemption would allow the operation of unmanned aircraft systems (UAS) forthe purpose ofaerial videographyfor weddings and other video projects

. Applicant: Jonathan Elwell, Owner JE Productions 634 Naylors Run Road Havertown, PA 19083 jonathan@jeproductions.net (484)

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Commercial operation ofan UAS, as described herein, which are equipped with camera and sensors, would operate in the following manner:

• Aerial video and/or photography for public and/or private use including wedding videography and related activities

• Aerial video and/or photography for public and/or private use including othervideo projects

As described fully below, the requested exemption would permit the operation ofa UAS under controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation responsibilities to “....establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system.”As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use ofa DJI Phantom 2

UAS. We will operate a UAS, the DJI Phantom 3 Standard, which is comprised ofan unmanned aircraft (UA or Phantom), an attached 2.7K camera and a transportable ground station. The PHANTOM 3 is a quadcopterwith a gross weight of2.7 pounds. It is equipped with four rotors that are driven by electric motors powered by lithium polymer (LiPo) batteries. The UA has a maximum airspeed of 16 m/s. It will be operated around andovervarious metropolitan areas, primarily around Philadelphia, PA, to capture general footage of wedding venues and events, and for other video projects as they arise.
**UAS Operating Par ameters**  We will abide bythe following additional operating conditions underthis exemption, which ensures a level ofsafety at least equal to existing rules:

• Operate UAS below 400 feet and within a radius distance of 1000 feet from the controllerto aid in direct line ofsight visual observation; • Obtain permission from the owner/controller ofanyvessels, vehicles and structures when operations may be conducted closerthan 500 feetto any such vessels, vehicles or structures; we will conduct a safety assessment ofthe risk ofoperating closerto those objects and determine that it does not present an undue hazard;

• Operate the UAS for no more than 10

-15 minutes perflight (battery life is 24 minutes max);

• Land UAS priorto the manufacturer’s recommended minimum level of battery power;

• Operate UAS during daylight hours onlywithin visual line ofsight (VLOS);

• Use the UAS’ global positioning system (GPS) flight safetyfeature whereby it hovers and then slowly lands ifcommunication with the remote control pilot is lost; • Conduct all operations underthe flight safety protocols (including posting a warning sign reading: “Attention Aerial Photography in Progress

– Remain Back 150 feet”) contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance safety protocols;

• Contact respective airports ifoperations will be within 5 miles to advise them of: estimated flight time, flight duration, elevation offlight and other pertinent information;

• Always obtain all necessary permissions priorto operation; have procedures in place to abort flights in the event ofsafety breaches or potential danger; • Only operate in safe environments that are strictly controlled, are awayfrom power lines, elevated lights, airports and densely populated areas (defined by areas depicted in “yellow” on VFR charts and through obtaining information regarding congested areas from the local Flight Standards District Office (FSDO);

• Conduct extensive preflight inspections and protocols, during which safety carries primary importance (reference Phantom Flying Flow Chart and User Manual).
Regarding UAS operational training, we have flown numerous practice flights in remote areas and under varying conditions as hobbyists simulating flights forfuture commercial use to gain familiarization with the characteristics ofthe UAS’ performance under differenttemperature and weather conditions.
Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

---rotor UAS. The PIC will also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model of UASto be used for operations. In addition to the hour requirements, the PIC will accomplish 3 take

---offs and landings in the preceding 90 days (for currency purposes) priorto anyflight.**Specific Exemptions Requested**

Given the size, weight, speed, and limited operating area associated with the UA, we feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and §91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level ofsafety under 14 CFR part 11 and Section 333 of P.L. 112

---95 (Section 333).

We request an exemption from §45.23 Marking ofthe aircraft because the UAwill not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the two inch lettering is difficult to place on such a small aircraft with dimensions smallerthan the minimal lettering requirement. Regardless ofthis, we can markthe UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from §91.7(a) which prohibits the operation ofan aircraft without an airworthiness certificate, since there is currently no certificate applicable to our operation, this regulation is inapplicable.

We request an exemption from §§91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections since they only applyto aircraft with an airworthiness certificate. However, as a safety precaution we will perform a preflight inspection ofthe UAS before each flight as outlined in the attached operating documents.

We request an exemption from §91.9(b)(2) which requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board the aircraft and given its size, this regulation is inapplicable. We believe an equivalent level ofsafetywill be achieved by maintaining a safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes forthe operation ofcivil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our UAS above the altitude of400 feet above ground level (AGL) and will also only operate in safe areas awayfrom the public and traffic, thus “providing a level ofsafety at least equivalent to or belowthose in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and speed ofthe UAS, an equivalent or higher level ofsafetywill be achieved.

We request an exemption from §91.121 Altimeter settings as it is inapplicable since the UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from §91.151(a) Fuel requirements forflight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued perthe operating documents, the UAV will be landed at the first alert. Also, ourflights will last only 10

-15 minutes each, and the UAS has an automated function, which results in immediate landing when a low battery is detected. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to flyto the first point of intended landing and, assuming normal cruising speed, land the UAwith 30% battery power remaining.**Public Interest**

Aerial videography for small production videos is a growing industry, and can greatly increase production value. Before the advent of small, safe UAVs aerial footage was literally ‘out of reach’ for small production companies due to cost, legal implications, and the scale at which weoperate. By granting us this exemption I would be able to greatly enhance my client’s final products without greatly increasing cost.
Further, the small UAS will pose no threatto the public given its small size and lack ofcombustible fuel when compared to larger manned aircraft. Public and private events serviced by our business enhance vibrancy and add culture to the community and its citizens. Also many clients are non

-profits that will able to better spread their message and service with videos of higher caliber that using aerial footage will enable us to provide.
**Summary** We will comply with all ofthe following conditions and limitations should this exemption be provided: **1)** Operations will be limited to the following aircraft described in the operating documents, which is a quadrotor aircraft weighing 2.7 pounds: Phantom 3 Standard Unmanned Aircraft System. **2)** The UAwill not be flown at an indicated airspeed exceeding 30 knots. **3)** The UAwill be operated at an altitude of no more than 400 feet above ground level (AGL)

- All altitudes reported to ATC must be in feet AGL. **4)** The UAwill be operated within visual line ofsight (VLOS) ofthe Pilot In Command (PIC) at all times. **5)** All operations will utilize a visual observer (VO). The UA will be operated within the visual line ofsight (VLOS) ofthe VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC will be designated before the flight and will not transfer his or her designation forthe duration ofthe flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents. **6)** The operating documents will be accessible during UAS operations and made available to the operator and other administrators whenever needed. **7)** Priorto each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records. **8)** Any UAS maintenance or alterations that affectthe UAS operation orflight characteristics, e.g. replacement ofa flight critical component, will undergo a functional test flight in a remote area

. The PIC who conducts the functional test flight will make an entry in the aircraft records. **9)** The preflight inspection section in the operating documents will account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents. **10)** We will followthe UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. **11)** We will carry out maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours, description ofwork accomplished, and the signature ofthe authorized person returning the UASto service. **12)** Each UAS operated will complywith all manufacturer Safety Bulletins. **13)** An authorized person will make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections.**14 )**  Priorto operations conducted forthe purpose ofaerial videography/photography and forwedding

otherand public and private event videos and similar operations, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multirotor UAS. **15 )**  Priorto operations conducted forthe purpose ofaerial videography/photography and for real estate listing videos and public and private events and similar operations, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of5 hours as UAS pilot operatingthe make and model ofthe UAS to be used in operations. The PIC will accomplish 3 take

---offs and landings in the preceding 90 days. **16 )**  The PIC will not operate the UAS forthe purpose ofaerial videography/photography and wedding, public and private events and similar operations, unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the abilityto safely operate the UAS in a manner consistent with the operating documents, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **1 7** **)** UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be conducted undervisual meteorological conditions (VMC). **1 8** **)** The UA will not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA

---published aeronautical chart. **19 )**  The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. **20 )**  Ifa UA loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. **21 )**  The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. **22 )**  The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough powerto fly at normal cruising speed to the intended landing point and land the UAwith 30% battery power remaining. **2 3** **)** Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA will complywith the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. **24 )**  The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC atthe Ground Control Station ofthe UAS anytime the UAS is operating. These documents will be made available to the
administrator or any law enforcement official upon request. **2 5** **)** The UA will remain clear and yield the right ofwayto all manned aviation operations and activities at all times. **26 )**  The UAS will not be operated bythe PICfrom any moving device orvehicle. **2 7** **)** The UA will not be operated over congested or densely populated areas. **2 8** **)** Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. We will ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated nearvessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does not present an undue hazard, and;
c. Operations nearerto the PIC, VO, operatortrainees or essential persons do not present an undue hazard to those persons per § 91.119(a).**29 )**  Any incident, accident, orflight operation that transgresses the lateral orvertical boundaries ofthe

operational area as defined bythe applicable COA will be reported to the FAA's UAS Integration Office (AFS

---80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

Ifyou have questions or need additional information, please contact me at jonathan@jeproductions.net | (484)

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Thankyou, Jonathan Elwell, Owner JE Productions