U.S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington DC 20590
Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR91.417(a) and (b) Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, the operator of an Unmanned Aircraft System (UAS) named below (“the Petitioner”), is applying for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such operations are conducted within and underthe conditions outlined belowor as may be established by the FAA as required by Section 333. Commercial operation of the Petitioner’s UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner: Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. As describedfully below, the requested exemptionwould permit the operation of a 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. Approvalofthis exemptionwouldtherebyenhancesafetyand fulfillthe Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.”2

The name and address of the Petitioneris: Creative Sky Productions Attn: Houston Brown, Director of Operations Ph: 972

-896

-9193 Email: houston@houstonbrown.com Address: 1721 Mariposa Dr., Dallas, Texas, 75228 Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 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 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b) The Petitionerintends tooperate thefollowing UAS: DJI Inspire 1, Model T600, with a total weight of 2935g or 6.47lbs. The dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.75inch x 11.85inch. Under still air the maximum speed is no more than 22m/s or 49mph with a cruising speed of 11m/s or 25mph. The DJI Inspire 1 has the ability to hover and move along a vertical and horizontal plane simultaneously.The DJI Inspire 1 has four motors, Motor Model DJI 3510, powered by a 6

-cell 4500mAh or 5700mAh Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Inspire 1 will be controlled with the C1 remote controller with an operating frequency of 2.400GHz

– 2.483GHz. The live video feed will have an operating frequency of 5.728GHz

–5.850GHz. Additionally, the Petitionerwill operate the UAS in line ofsightwithin or adjacent to apredetermined area owned and/operated by the property representative

. Given the small size of the UAS and the controlled environment provided, the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit,3

reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the Petitioner respectfully requests that the FAA grant the requested exemption with minimum delay.

**AI RCRA** **FT AN** **D EQUIVA LENT LEVEL OF SA** **FETY** The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the Petitioneragrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: The UAS will weigh less than 55 lbs. The UAS will have a maximum operating speed of no more than 50mph. Flights will be operated within line of sight ofthe Pilot in Command (PIC) and/or Visual Observer (VO). Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25 % battery power reserve or 30 minutes of flight time whichever occurs first. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. Minimum crew for each operation will consist ofthe UAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator. A briefing will be per

formed regardingthe planned UASoperations priorto each day’s flight consisting of all the days’ production activities. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport. Ifoperationswill bewithin a 5 mile radius ofthe geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and otherpertinent information.4 The operator will file FAA Form 7711

-1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 4 8 hours from planned operation. The operatorwill obtainverbal/written consent ofall persons involvedwith the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reducedto 30 feet based upon an equivalent levelof safety determination, as required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved. The PIC and VO will have been trained in operation of UAS and receive up-to

-date information for the particular UAS to be operated. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. Written and/or verbal permission and permits will be obtained from territorial, state, county or cityjurisdictions, including law enforcement,fire or other appropriate governmental agencies. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre-determined location within a designated location and land autonomously. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. **14 C.F.R. Part 21 Subpart H: A** **irw orthiness Cert** **ificates 14 C.F.R. §91.203 (a) (1)** 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 Petitioner, 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.§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 and 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.5

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements 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 ofthese same criteria demonstratesthatthere is no crediblethreatto national security posed by the UAS, due to its size, speed of operation, location ofoperation, lack ofexplosive materials orflammable liquidfuels, and inability to carry a substantial external load.

**14 C.F.R. § 45.23 (b). Marking of the A ircraft**  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 onthat aircraft neareach entrancetothe 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 airworthiness certificate, an exemption may be needed as the UASwill have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.”

**14 C.F.R.**  **§ 61.113**  **(a) and**  **(b): Private**  **Pilot Privileges**  **and Limitations:**  **Pilot in Command.**  Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. The Petitioner may achieve an equivalent level of safety as achieved by current Regulations because the Petitioner’s UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the6

commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Private Pilot’s License along with a current Sport Class or higher and Medical certificate exceeding the current safety levels in relation to 14 CFR 61.113 (a) & (b). The operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

**14 C.F.R. §91.7(a): Civil Ai** **rcraft Ai** **rw orthiness.**  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 determining airworthiness. Given the size ofthe aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided.

**14 C.F.R. § 91.9 (b) (2): Civil Ai** **rcraft Flight Manual in the A ircraft.**  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 ofthis 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 UAS, given its size and configuration has no ability or place 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 UAS will have immediate access to it.

**14 C.F.R. § 91.103: Preflight A ction.**  This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PICwilltake all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.7

**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 instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight 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 instruction in experimental aircraft. The equivalent level of safety 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 A ltitudes.**  Section 91.119 establishes safe altitudes for operation of civil aircraf t. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complieswith any route oraltitudes prescribedfor helicopters bythe FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure

. It will however be operated in a restricted areawith security perimeter,where buildings and people will not be exposed to operations without their pre

-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500AGL. In addition, the low

-altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119.8

**14 C.F.R. §91.121 A ltimeter 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 UAS 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 safety check list and live flight data monitoring, confirming 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 underVFR conditions unless (consideringwind andforecastweather 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 least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame forflight in daylight or twilight VFR conditions is reasonable. Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled areawhere only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engenderthe type of risks that Section 91.151(a)was intendedto alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25 % of battery power
— whichever happens first. This restrictionwould be morethan adequateto returnthe UASto its planned landing zone from anywhere in its limited operating area.

**14 C.F.R.**  **§91.203 (a)**  **and (b):**  **Carry ing**  **Civ il**  **Ai rcraft**  **Certification and**  **Registration**

**.** The regulation provides in pertinent part:9

(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 atthe cabin orcockpit entrance sothat it is legibleto passengers or crew. 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 carry certification and registration documents or to display them on the UAS. An equivalent level of safetywill be achieved by keepingthese documents atthe ground control pointwherethe pilot flyingthe UASwill have immediate access to them, to the extent they are applicable to the UAS.

**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 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...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Petitioner

. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size andwill carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. 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. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.10

**CONCLUSION:** In sum, the Petitioner requests this exemption because following the above provisionsfor a small unmanned aircraft presents a burdenforthe petitioner, the petitioner can present a level of safety for the small unmanned aircraft that is superiortotheabove provisions,orat a minimum, equaltotheabove provisions, andas explained above,this request is in public interest.

Sincerely, /Houston Brown/ Houston Brown Director of Operations Creative Sky Productions