## Metastyle Films – Section 333 Exemption Petition

August 31st, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119(a)(b), 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b); 14 C.F.R. 407(a)(1); 14 C.F.R. 409(a)(2); and 14 C.F.R. 417(a)&(b)

Attn: to whom may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Metastyle Films the owner and operator of the DJI Inspire

1 quad-copter Unmanned Aircraft System (UAS), seeks an exemption from the Federal Aviation Regulations. (“FARs”) listed below so that Metastyle Films can operate our small ultra-light weight UAS commercially in airspace regulated by the Federal Aviation Administration (“FAA”). (Pilot in Charge [PIC]) and a visual observer (VO)that can perform the functions prescribed in the operating manual for all flights under this Exemption, if granted. The requested exemption would support an application for a commercial Certificate of Authorization to use the system to perform aerial mapping to enhance academic community awareness, augment real estate listing videos, filmmaking, golf course, mapping, agricultural mapping, and photogrammetry for various industries. Use of the DJI Inspire 1 UAS for aerial mapping reduces the need to operate conventional aircraft for the same purpose and provides very high quality imagery at a fraction of the dollar cost and danger to human life of using conventional aircraft. Note; the VO will not be operating

the UAS. By approving these exemptions, the FAA will create benefits through safer survey methods by UAS, resulting in decreased potential for loss of life and enhanced efficiency and productivity for the affected activities, as well as environmental benefits, which are all ultimately in the public

interest. Committed to safety with each flight, Metastyle Films's, exemption request would permit operation of ultra-light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS in tightly controlled and limited airspace. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. In addition, Douglas Trudeau (Exemption No. 11138) and Slugwear, Inc (Like On A Tree; Exemption No. 11157) were granted exemptions for these types of surveys with the DJI Inspire 1. Metastyle Films has created and will follow its UAS Flight Protocols and Controls for safe operation to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific video and photography usage as Metastyle Films records flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.Granting Metastyle Films request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further, Metastyle Films, will conduct its own operations in compliance with the protocols described herein or as otherwise established by the

FAA. For the reasons stated below, Metastyle Films, respectfully request the grant of an exemption allowing Metastyle Films to operate ultra-light weight, remote controlled UAS’s for community awareness, enhance real estate listing videos for homeowners, filmmaking, golf course, mapping, agricultural mapping, and photogrammetry for various industries. All of which will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

Contact Information:

Steven Cassingham Metastyle Films

1550 Graham Hill Road Santa Cruz, CA 95060

Mobile: (831) 325-5100

Email: steve@metastylefilms.comII The Specific Sections of Title 14 of the Code of Federal Regulations From Which Metastyle Films Requests Exemption are: 14 CFR part21; 14 CFR 45 23 (b); 14 CFR 91, et seq; 14 CFR 407 (a)(1) 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). III The Extent of relief Metastyle Films seeks and the Reason Metastyle Films Seeks Such

Relief: Metastyle Films submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent Metastyle Films contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Metastyle Films's, ultra-light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of Metastyle Films's ultra-light weight UAS is expressly contemplated by the Reform Act. Metastyle Films would like to operate its ultra-light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all agriculture, mapping, and real estate related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for Metastyle Films. Metastyle Films’s UAS utilizes four (4) counter-rotating propellers for balance, control and stability. Weighing less than five (5) pounds (far below the maximum 55 pound limit);including camera with gimbal. Metastyle Films’s UAS is equipped with a compass, GPS, auto return safety technology if communication is lost between the UAS and the controller, Real-Time Fight Data Display, and a No Fly Zone software default setting to force the device to abide by International Civil Aviation Organization regulations. Metastyle Films considers safety as foremost with each flight. Metastyle Films’s small UAS is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss, Metastyle Films will not fly in winds exceeding 16 kph (10 mph) nor exceed an indicated airspeed of 29 knots (15 m/s).DJI’s “No Fly Zone”: Two classes in this mode limit the DJI Inspire 1’s ability to fly near restricted airport air space. Class A will not allow the UAS to take off within 1.5 miles of the GPS location of an airport. Class B will has incorporated an increasing height limit from 35 feet AGL at 1.5 miles from an airport, increasing to 400 feet at 5 miles an airport. The UAS control system will also automatically warn the PIC when the UAS has approached within 330 feet of the 5-mile buffer zone around an airport. This software will also not allow the user to set GPS waypoints within 5 miles of the 5-mileNo Fly Zone around an airport. For further details, visit http://www.dji.com/fly-safe/category-mc Built-in safety Real-Time Flight Data includes UAS flight height, horizontal speed, vertical speed,

and distance from the PIC. Built-in safety systems include a GPS mode that allows Metastyle Films’s UAS to hover in place when radio controls are released. With three modes to choose from, Metastyle Films will utilizethe Smart Mode for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When PIC communication is lost, Metastyle Films’s UAS is designed to slowly descend to point of take-off (Return to Home). Metastyle Films will not operate the UAS near Airports, Hospitals, nor Police heliports, and will not operate near areas where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather. Metastyle Films’s PIC and VO will be on constant alert for any manned aircraft (Police/Medical helicopters, etc.) or other UAS, and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft or UAS approach Metastyle Films's location, or Metastyle Films suspects manned aircraft or UAS may approach near our location. Metastyle Films’s UAS is capable of vertical and horizontal operations, and is only flown within the line of sight of both the PIC and VO. Utilizing battery power rather than combustible fuels, flights with Metastyle Films’s UAS generally last between five (5) to seven minutes, with an altitude under 400 feet. Metastyle Films will utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is nine (9) to 12 minutes as tested. Metastyle Films will not operate our UAS at or below manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation.Metastyle Films does not believe in taking risk that may cause a crash that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. Metastyle Films has clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions. Metastyle Films also practices computerized simulated flights to maintain adequate skills and response reflex time, for the sake of safety. Metastyle Films is extremely cautious when operating any UAS and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of Metastyle Films’s UAS, it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Metastyle Films UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security. IV. How Metastyle Films’s Request Will Benefit the Public As A Whole: Aerial videography for geographical awareness in real estate, filmmaking, golf course, mapping, agricultural mapping, and photogrammetry for various industries has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies, farms and average homeowners, the expense of manned aerial videography is cost prohibitive. Only large companies can afford to absorb such expense, this depriving the remainder of the public from a valuable marketing a and mapping tool. V. Reasons Why Metastyle Films’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: Metastyle Films’s exemption will not adversely affect safety. Quite the contrary, for the reasons stated, permitting Metastyle Films to log more flight time in FAA controlled airspace, with communication with the FAA, will allow us to contribute to the innovation and implementation of new and novel techniques for realtors, filmmaking, golf courses, agricultural mapping, and photogrammetry for various industries as well as continuing to educate the public through publishing articles. In addition, Metastyle Films submits the following representations ofenhancements to current aerial videography and photography for real estate, filmmaking, golf courses, agricultural mapping, and photogrammetry for various industries: Metastyle Films’s UAS weighs less than 10 pounds complete with a small ultra-light weight high quality camera; Metastyle Films will only operate this UAS below 400 feet, as recommended by the FAA Modernization and Reform Act of 2012; Metastyle Films’s UAS will only operate for 10 minutes per flight; Metastyle Films will land this UAS prior to manufacturer recommended minimum level of battery power, 30% battery power remaining. Also, Metastyle Films’s UAS has an automated function which results in immediate landing when a low battery is detected; Metastyle Films will pilot this UAS through remote control by line of sight; Metastyle Filmss UAS has GPS-controlled autopilot system to maintain UAS stability and control, Metastyle Films's UAS has an Auto Return-to-Home & Landing function to increase safe return of the UAS to the ground, A pre-programmed flight safety feature whereby Metastyle Films’s UAS automatically hovers and then slowly lands if communication with the remote control pilot is lost; Metastyle Films will actively analyze flight data and other sources of information to constant update and enhance safety protocols; Metastyle Films will only operates in reasonably safe environments that are strictly controlled and are away from: power lines, elevated lights, airports and actively populated areas; Metastyle Films will conduct extensive pre-flight inspections and protocol review, during which safety carries primary importance; Any maintenance or alterations of Metastyle Films’s UAS that could affect operation or flight characteristics will require a functional test flight before returning to work; Metastyle Films will always obtain all necessary permissions prior to operation, Including issuing a notice to airmen(NOTAM)prior to operations; and, Metastyle Films will have procedures in place to abort flights in the event of safety breaches or potential danger. In recognition of the FAA’s Exemption No. 11062, and specifically Exemption No. 11138 for the same UAS model (DJI Inspire 1); prior to conducting operations for the purpose of aerial photography/videography, Metastyle Films’s PIC will have accumulated 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours as a UAS pilot with a multi-rotor UAS. Prior to operations, Metastyle Films’s PIC must also have accumulated a minimum of 5 hours as a UAS pilot operation the DJI Inspire 1. In addition to the hour requirements, the PIC must accomplish 3 take-offs and landings in the preceding 90 days (for currency purposes). Metastyle Films’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate. While the safety record of such helicopters is astounding, there has been local incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra-light weight UAS. First, the potential loss of life is diminished because UAS's carry no people on board and Metastyle Films will only operate its UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly

diminished. Third, the small size and extreme maneuverability of Metastyle Films’s UAS allow the PIC to remotely pilot away from and avoid hazards quickly and safely . Lastly, given its small size and weight, even when close enough to capture amazing images, Metastyle Films’s UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom. Accordingly, Metastyle Films’s UAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels. Furthermore, Metastyle Films’s PIC has accumulated 25 hours of total time as a UAS multi-rotor pilot. Metastyle Films’s PIC has also accumulated more than 5 hours as a UAS pilot operation the DJI Inspire 1.VI A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.14 C.F.R. Part 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Metastyle Films’s UAS permits exemption from Part 21 because Metastyle Films’s UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Metastyle Films’s current UAS meets or exceeds each

of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. However, Metastyle Films’s PIC will still ensure that the UAS is in an airworthy condition based on compliance with the operating documents prior to every flight. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas where safety can be defined . The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,10602, 10700 and 32827. However, Metastyle Films’s UAS operations manual will be kept in a location accessible by Metastyle

Films’s PIC. 14 C.F.R. § 91.103 regarding preflight action. Metastyle Films’s PIC will take certain actions before flight to ensure safety of the flight. These will include reviewing weather, flight battery requirements, landings, and takeoff distances and aircraft performance data before initiation of the flight. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Metastyle Films’s UAS utilizes electronic GPS with a barometric sensor. According to the manufacturer of Metastyle Films’s UAS, the GPS sensor is accurate to 2.6 feet Vertical and 8.2 feet Horizontal. These accuracies are adequate for Metastyle Films to safely operate the UAS for its exempted

purposes. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by Metastyle Films in a location accessible by Metastyle Films’s PIC. B. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Metastyle Films’s UAS, by definition, is unmanned. Therefore the UAS does nothave a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.C. 14 C.F.R. 91.119: Minimum Safe

Altitudes. 14 C.F.R. § 91.119(a) and (b) prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Metastyle Films’s UAS will never operate at an altitude greater than 400 AGL; safely within the standard 400 AGL as recommended by the FAA Modernization and Reform Act of 2012. Metastyle Films will howeveroperate its UAS in safe areas away from areas depicted in “yellow” on VFR charts, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Metastyle Films will conduct all operations under Metastyle Films’s Protocols and Controls , including posting a warning sign reading: “Attention Aerial Photography in Progress – Remain Back 150 Feet”. Metastyle Films will operate its UAS in accordance with Exemption No. 11109,which may require the UAS be operated closer than 500 feet to essential persons. Nonparticipating persons must remain at appropriate distances (500 feet) from the UAS, and if they need to be closer than 500 feet, non-participating persons will remain behind barriers or

structures that can sufficiently protect them from the UAS debris in the event of an accident. Given the size, weight, maneuverability and speed of Metastyle Films’s UAS, an equivalent or higher level of safety will

be achieved D. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Metastyle Films’s UAS. However, as a safety precaution Metastyle Films’s PIC and VO will inspect Metastyle Films’s UAS before and after each flight. A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1).The size, weight and enclosed operational area of Metastyle Films’s UAS permits exemption from Part 21 because Metastyle Films’s UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Metastyle Films’s UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be

achieved. In summary, Done Shot seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119 (a)(b); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (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. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate Metastyle Films’s small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness, real estate operations, filmmaking, golf course mapping, agricultural mapping, and photogrammetry for various industries and todevelop economic platforms for real estate and golf courses. Currently, area awareness, filmmaking, real estate aerial videography/photography, golf course mapping, agricultural mapping, and photogrammetry for various industries relies primarily on the use of larger aircraft running on combustible fuel, posing potential risk to the public. Granting Metastyle Films’s request for exemption will reduce current risk levels and thereby enhance safety. Metastyle Films’s UAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with much less flight time. Further, Metastyle Films will operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. Metastyle Films has been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for real estate usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA

Modernization and Reform Act of 2012. There are no personnel on board Metastyle Films’s UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. Metastyle Films’s operation of its UAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly, Metastyle Films respectfully request that the FAA grant Metastyle Films’s exemption request and Metastyle Films is willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted

,

Steven Cassingham Metastyle Films

1550 Graham Hill Road Santa Cruz, CA 95060

Mobile: (831) 325-5100

Email: steve@metastylefilms.com