UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**AERIAL STATE MEDIA COMPANY**

**FOR AN EXEMPTION SEEKING RELI EF FROM THE REQUIREMENTS OF** 
**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),**  **AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 VISION+, DJI**  **PHANTOM 3 PROFESSIONAL, AND DJI INSPIRE 1 UNMANNED AIRCRAFT**
**SYSTEMS**
**PURSUANT TO SECTION 333 OF**
**THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112** 

**- 95)** 

Submitted on June 19, 2015

Donovan DeFerraro Aerial State Media Company
3022 Rosedale B lvd.
Louisville KY 40220
502

- 387

- 4689 theaerialstate@gmail.comJune 1 9 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Attention: FAA Administrator

Re: Exemption Request Section 3 33 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations form 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; 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 91.215 (a) & (b); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

Dear Administrator,

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (The Refor m Act) and 14
CFR Part 11, Aerial State Media Company is the operator of Small Unmanned Aircraft Systems (sUAS) equipped to conduct aerial photography and cinematography services hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operations of its sUAS so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described in more detail below, the requested ex emption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in the NAS that is both limited and predetermined. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transp ortation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operations of such aircraft systems in the national airspace system.” Section 333 (c) of the Reform Act.

Regulations from which the exemption is requested:

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

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 91.215 (a) & (b)

14 CFR 91.131 (d)

14 CFR 91 405 (a)

14 CF R 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a ) & (b)This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types o f sUASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The sUAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and popula ted areas

• Operation of the sUAS within visual line of sight (VLOS) of the Pilot/”Operator”

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish re quirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft , as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from the requirement of a regulation prescribed un der subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C §44701(f) See also 49 USC §44744(a); 49 USC §44704l 14 CFR §91.203 (a) (1).

Aerial State Media C ompany s UASs are rotorcraft weighting 55 or fewer lbs. including payload. They operate under normal conditions at a speed of no more that 50 kts and have the capability to hover, and move in the vertical and horizontal plan simultaneously. They will operat e only in line of sight of the Pilot/”Operator” and will operate with the permission of the property owner or a representative. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public” as p er the Reform Act Section 333 (b).

Applicant submits the attached Aerial State Media Company Safety Policy and Aerial State Media Company Operations Checklist as confidential documents under 14 CFR 11.35 (b) as these documents contain proprietary informa tion that the applicant has not and will not share with others. The safety policy contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

Give n the small size of the sUASs involved and the limited environment within which that will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow c ommercial operations of sUASs to commence immediately. Also due to the size of the sUASs and the limited areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given the clear direction in Section

3 33 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety with allowing sUASs for commerci al aerial videography and photography operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.**AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY** 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and they operate with the limitations listed herein. These limitations provide for at least and equivalent or even higher level of sa fety of operations under the current regulatory structure because the proposed operations are conducted on closed off property under the permission of the property owner or property representative.

These limitations and conditions to which Aerial State M edia Company agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within visual line of sight (VLOS) of a Pilot/”Operator” and/or observer.

3. Maximu m total flight time for each operational flight will be 30 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 500 feet AGL or, when photo graphing a structure taller than 500 feet, the sUAS will not be operated more than 100’ above the highest point on the

structure.

5. Minimum crew for each operation will consist of the sUAS Pilot/”Operator”, and the Visual Observer.

6. sUAS Pilot/”Operator” wi ll be Pilot in Command (PIC). If the Pilot/”O perator” deems another “Pilot/”Operator” “ to be qualified with the necessary skills to be the “Pilot/”Operator”, that person can also be designated as “Pilot/”Operator” “ provided they have a minimum of 40 hour s of flight time with

the sUAS.

7. Flights will be operated at a lateral distance of at lest 50 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation.

8. A briefing will be conducted in regard to the plan ned sUAS operations prior to each flight activity. It will be mandatory that all personnel involved with the operational duties of the flight be present for this briefing.

9. Pilot/”Operator” and observer will have been trained in operation of sUAS generally and received up

- to

date information on the particular sUAS to be operated.

10. The “Pilot/”Operator” “ will have at least a class 3 medical certificate.

11. Observer and Pilot/”Operator” will at all times be able to communicate by voice, radio, and/or text.

12. Wr itten and/or oral permission from the relevant property holders or property representatives will be

obtained.

13. If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to

a pre

- determined location and land auton omously.

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.14 CFR §91.109: Flight Instruction

No person may operate a civil aircraft (except a manned free balloon) that is being used for f light instruction unless that aircraft has fully functioning dual controls.

sUAS and remotely piloted aircraft, by their design do not have fully functional dual. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communication. The FAA has approved exemptions for flight training without full functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact the neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 established safe altitudes for operation of civil air craft. Section 91.119 (d) allows that helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed

for h elicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 500 feet AGL, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never opera te higher that 500 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 500 feet AGL, the sUAS will not be operated more than 100 feet above the highest point on the structure. The eq uivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because of the advance notice to the property owner and other participants in the activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel , any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between the sUAS operations an d the operations of conventional aircraft that must comply with Section 91.119.

14 CFR §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set “...to t he elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude readout, and exemption may be needed. An equivalent level of safety will be a chieved by the Pilot/”Operator”, pursuant to the safety checklist and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR §91.151(a): Fuel Requirements for Flight in VFR Condit ions

Sections 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions” there is enough fuel to fly to the first point of intended landing, and, assuming norma l 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 sUAS provides less than 30 minutes of powered flight. To meet the 30 minute

reserve re quirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations of the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer timeframe for fligh t in daylight or twilight CFR conditions is

reasonable.

Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUAS, in a limited area where only people and property owners or representative with less than 30 minutes of reserve fuel, does not engender the type of risk that Section 91.151 (a) was intended to alleviate given the size an d speed of the sUAS. Additionally, limiting the sUAS flight to 10 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of battery power

– whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Ex emptions 2689F, 5745, 10673, and 10808.

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in the pertinent part:

(a) Except a 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 iss ued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs less that 55 lbs. and is operated without an onboard pilot. As such, there is no ability to place to carry certifica tion and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the Pilot/”Operator” flying the sUAS will have immediate access to the documents t o the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 9797A, and 10700.

14 CFR §91.215 (a) and (b); 14 CF R §91.131 (d); ATC transponder and altitude reporting equipment and use

The pertinent section of 91.215 (a) & (b) requires the “(a) All airspace: U.S.

- registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC tran sponder equipment installed. . . (b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an

ope rable coded radar beacon transponder”. . .

This requirement applies

(1) All aircraft. In Class A, Class B, and Class C airspace areas;(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this

pa rt from the surface upward to 10,000 feet MSL;

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace

(d) other equipment requirements. “No person may operate an aircraft in a Class B airspace area unless the aircraft is equ ipped with

(1) The applicable operating transponder and automatic altitude reporting equipment specified in §91.215 (a)

. . . and

(2) After January 1, 2020 , the applicable Automatic Dependent Surveillance

- Broadcast Out equipment specified in §91.225.”

Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and operate a transponder and automatic altitude reporting equipment specified in paragraph of 91.215 (a) and (b) and 91.131 (d). An exemption from these requirements is requested. The equivalent level of safety can be assured using the procedures defined for each class of airspace.

**Within the surface areas of Class “B”, Class “C”, Class “D” airspace** Within the lateral boundaries of the airspace, the Pil ot/”Operator” “ will establish 2 way communications with the ATC facility having jurisdiction for that area. The Pilot/”Operator” will provide the location (heading and distance) relative to the center of the airspace and request clearance to “Maneuver” ab ove that location at or below 500 feet AGL. The Pilot/”Operator” will be responsible for “see and avoid” traffic conflicts. The Pilot/”Operator” will at all times yield right of way to ANY and ALL manned flight operations. All operations within 2 miles of the primary airport will be pre

- arranged with that controlling facility. Any and all restrictions placed on the operations will be complied with so that all manned operations can be conducted without negatively impacting flight safety.

14 CFR §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 sections and Part 43 apply only to aircraf t with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the Pilot/”Operator” pursuant to the flight manual and operating and handbook. An equivalent level of safety will be achieved because t hese small sUASs are very limited in size and will carry small payload and operate only in limited areas for short periods of time. If mechanical issues arise the sUAS and land immediately and will be operating from no higher than 500 feet AGL. The Pilot/” Operator” will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Pilot/”Operator” is the person most familiar with the aircraft and is best suited t o 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 and accordance with the sUAS manufacturer’s manual, as referen ced in the Aircraft Operations Manual. As provided in the Operations Manual, thePilot/”Operator” will ensure that the sUAS is in working order prior to initiating flight and perform required

maintenance needed.

**INTRODUCTION AND INTERESTS OF THE PETITIO NER** 

Aerial State Media Company will provide its clients with high quality digital content for use in their commercial, personal, and non

- profit multimedia projects. Aerial State Media Company has 8 years of film making and photography experience and will use state

- of

- the

- art technology to make high quality video and photo productions for any client. Aerial State Media Company has over 3 years recreational/hobby experience in all aspects of aerial video and photography. The objective of Aerial State Media C ompany aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Aerial event filming and photography

• Promotional videos for businesses, non

- profits & go vernment entities

• Photo and video production for real estate marketing

**SUMMARY**

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 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; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CF R 91.215 (a) & (b); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) to commercially operate a small unmanned vehicle (55 lbs. or less) equipped to conduct aerial photography and cinematography services.

Approval of exemptions allowing commercial operations of sUAs to conduct aerial photography and cinematography services will enhance safety by reducing risk. Conventional photography operations, using jet or piston powered aircraft, at extremely low altitu des, often very close to the subject being filmed and in close proximity to people and structures; and present the risks associated with vehicles that exceed 3,000 lbs., carrying large amounts of jet A or other fuel. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of the risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the location. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small sUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will provide an equivalent level of safety supporting the granting of the exemptions requested he rein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground but under 500 feet AGL, and within the limited area and, as a result, are fa r safer than conventional flight operations conducted with turbine helicopters operating in close proximity to the ground and people.**PRIVACY**

All flights will occur over private or controlled access property with the property representative or owner’s pri or consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.

All flights will occur in accordance with any state or local laws regarding privacy.

S atisfaction of the criteria provided in Section 333 of the Reform Act of 2012

— size, weight, speed, operating capabilities, proximity to airports and populated areas and operations within visual line of sight (VLOS) and national security

– provide more than adequate justification for the granting of the requested exemptions allowing commercial operation of applicants sUAS in the aerial photography and cinematography services industry.

Aerial State Media Company respectfully requests the FAA grant its exc eption without delay. The FAA has the authority to issue the exemption sought by Aerial State Media Company pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely,

Donovan DeFerraro

CEO & Executive Producer

Aerial Stat e Media Company

3022 Rosedale Blvd. Louisville, KY 40220 theaerialstate@gmail.com

502

- 387

- 4689 mobile

sUAS Product Information:

**DJI Phantom Vision 2 Plus**  **:** http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

**DJI Phantom 3 Professional**  **:** http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

**DJI Inspire 1:** http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf