December 1 , 2015

Docket Operations, M

- 30
US Department of Transportation

Federal Aviation Administration
1200 New Jersey Avenue, SE

Room W12

- 140, West Building Ground Floor
Washington, DC 20590

- 0001

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012 and 14 CFR Part 11

, including also : 14 CFR Part 21, 45.23(b), 61.113 (a) & (b); 91.7 (a)

, 91.103; 91.119(c); 1.121

, 91.151 ( b );

91.405 (a); 91.405(a); 91 .407 (a) (1) ; 91.409 (a)(1) and (2); 91.417 (a) and (b) for the operation of an
unmanned aircraft system pursuant thereto

.

Submitted on behalf of : Chair 8 Media, LLC

Mr. Cameron Barker Managing Member 720 Kimbrough Street Raleigh, North Carolina 27608

- 2724 cam@chair8media.com

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR part 11

, Chair 8
Media, LLC hereby appl ies for an exemption from the Federal Aviation Regulations (FARs) listed below
to allow commercial operation of its unmanned aircraft systems ( UASs ) in airspace regulated by the
Federal Aviation Administration (FAA) so long as such operations are conducted with and under the

conditions outlined herein or as may be established by the FAA as required by Section 333.

Relief is being sought because the use of UASs in the course of conducting a commercial enterprise or

activ ity is prohibited without a S ection 333 exemption. The r equested exemption would per mit Chair 8 Media to pu r sue its commercial interest in providing professional aerial photography services t o clients using a small unmanned aircraft (UA) to photograph developed and develop able commercial, industrial,

recreational and residential r eal e state, including both video and still photography , and to engage in other aerial photography activities for its clientele

.

B enefit s to the public f rom the operation of a UA S by Chair 8 Media would include (1) a reduction in emission of greenhouse gases

, ( 2) less danger to the public and to property if the UA were to crash due to the smaller weight and overall size of the UA when compared to larger manned aircraft , and (3) l ess expense of operation which would help make the benefits of aerial photography accessible to more
business es and the public than traditional aerial photography from manned aircraft

.

Commercial operation of the Chair 8 Media’s UA Systems as described herein will include the follow ing :

- Aerial photography/video for public or privat e use including real estate and other related professional

activ iti es

- Video production and professional photography of public and private events- Land surveying an d exterior building inspections

Chair 8 M edia seeks exemption to use a DJI Phantom 2 a nd a DJI Inspire 1 unmanned Aircraft systems. Under Exemption 11138 the FAA recently granted an exemption for the use of a Phantom 2 system for

similar use. The Phantom 2 is a four rotor UA with a maximum takeoff weight of 1.3 Kg (2.86 lbs.)

. While operating the DJI Phantom 2 Chair 8 Media will fly no higher than 400ft and always remain within

visual site of the PIC . These value limits for height and radius are configured in DJI software and programmed into DJI Phantom 2. The max speed is 10m/s (22.3 mph) with Ascent Max at 6m/s and

Descent at 2m/s

Under exemption No. 12839 the FAA approved t he DJI Inspire 1 for similar use in real estate photography and land survey. The DJI Inspire 1 is a four rotor unmanned Aircraft system that has a maximum t akeoff weight of seven pounds a nd maximum speed of 22m/s (49 m ph )

. I t is operated with similar soft ware and

controls as the Phantom 2.

In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with

both of these aircraft and the i r operation , the Secretary of Transp ortation has determined that the s e aircraft meet the conditions of Section 333. Therefore it has been established that specific relief from 14 CFR part 21, Certification procedures for products and parts, 2 Subpart H

— Airworthiness Certificates, and any associated noise certification and testing requirements of part 36, are not necessary

.

Chair 8 M edia seeks exemption relief from the following CFRs listed below :

14 C.F.R. Part 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(b)(2)

14 C.F.R. 91. 105

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) 14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401

- 91.417

All UA S operated by Chair 8 Media will be conducted at an altitude that is below 400 feet above ground level and while flying at speed below 87 knots or (100 mph). While operating all UAS Chair 8 Media

will adhere to the following additional steps to insure safe ty of operation:

1. Operations will be limited to the DJI Phantom 2, and DJI Inspire 1, weighing less than 55 pounds including payload. ( Proposed operations using any other aircraft will require a new petition or a n amend ment to this exemption request

. )

2. No o perations for the purpose of closed

- set motion picture and television filming will be permitted.3. The UA s will not be operated at a speed exceeding 48 knots ( 55 miles per hour). The exemption holder

will use either groundspeed or calibrated airspeed to d etermine compliance with the 87 kn ot speed

restriction. In no event will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

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

will be calculated and reported in feet AGL.

5. The UA will be operated within visual line of sight (VLOS) of the P ilot I n C ommand (PIC) at all times. This requ ires 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 will utilize a visual observer (VO). The UA will be operated within the visual line of sight (VLOS) of the PIC and the 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 will maintain the ability to communicate verbally at all times ( electronic messaging or texting will not be permitted during flight operations ) . The PIC will ensure that the VO can perform the duties required of the VO.

7. The PIC will be responsible for maintaining and inspecting the UAS to ensure tha t it is in a condition

for safe operation.

8 . Prior to each flight, the PIC will conduct a pre

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

- flight inspection will endeavor to account for any and all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will not be operat ed until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight.

9

. Chair 8 Media will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the a ircraft and aircraft components and will comply with all manufacture r safety bulletins.

1 0

. As a PIC, Chair 8 Media will employ Clark Harris, a licensed private pilot, or another pilot hold ing either an airline transport, commercial, private, recreational, or sport pilot certificate. Mr. Harris holds a

current FAA airman medical certificate

. A ny other pilot employed as a PIC will either h old a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal governmen t.

1 1

. Any PIC employed by the operator will be required to demonstrate 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 appropr iate 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).

12 . 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 (SVFR) are not authorized.

1 3 . The UA will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the

curr ent FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherw ise permitted by a COA issued to the exemptionholder or permission granted by the airport’s flight control personnel

. Any such letter of agreement with airport management will be made available to the Administrator or any law enforcement official upon

req uest.

1 4 . If the UAS loses communications or loses its GPS signal, the UA will be return ed to a pre

determined location within the private or controlled

- access property as determined by the Fail Safe

comm a nds entered prior to takeoff

.

1 5 . The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

1 6 . The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to oper ate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

1 7 . The UA will remain clear of and give way to all manned aviation operations and activities at all times.

1 8 . The UAS will not be operated by the PIC from any moving device or vehicle.

1 9 . All f light operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless b arriers or structures are present that sufficiently protect nonpartic ipating persons from the UA and/or debris in the event of an accident.

20 . All operations will be conducted over private or controlled

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

.

The exemption requested by Chair 8 Media is similar in all/or many material respects to relief previously requested and granted in Grant of Exemption Nos. 11062, 11109, 11112, and 11213

.

In summary

, Chair 8 M edia is submitt ing this petition for exempt ion under S ection 333, because we are otherwise prohibited from conducting business with our UA Systems under current law without an exemption granted by the FAA. The public will benefit from t he grant of t his exemption as a result of the

use of safer , qui eter and more environmentally conservative aircraft being utilized in our aerial photography and video production activities . Chair 8 Media will take every reasonable and required precaution to ensure the public safety while operating its UA S ystems in pop ulated areas and work sites.

Please advise me of any additional information or changes that you may require . We will greatly appreciate any possible efforts that you may make to expedite consideration of this request. Thank you very much for your attentio n to this matter. I look forward to your response.

Signed

Cameron Barker Managing Member Chair 8 Media, LLC