2395 Bechelli Lane, POB 493856

Redding, CA Phone: 530-515-4484 E-mail: gs@mpdrealty.com


## September 4, 2015

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

RE: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 Dear Madam, Sir, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Shasta Aerial Media, Inc. ("Shasta Media") seeks an exemption from the Federal Aviation Regulations detailed below for the DJI Phantom 3 and Inspire 1 UAS systems. The Phantom 3 has a maximum gross takeoff weight of 2.8 lbs. The Inspire 1 has a maximum gross takeoff weight of 6.5 lbs. Both systems are multi-rotor aircraft with electric propulsion. Both the Phantom 3 and the Inspire 1 are commercial UAS systems from DJI, each with a proven track record and each having been approved for flight under Section 333 for many different users. The requested exemption would allow Shasta Media to pursue commercial interests in aerial data collection using small unmanned aircraft systems. The systems proposed will be used for real estate photography applications. The team at Shasta Media has approximately 200 hours experience operatingsmall UAS. Operations will be conducted in accordance with FAA N 8900.227 and utilize both a Pilot-inCommand and a ground-based visual observer. Shasta Media will also utilize emergency, lost link, and lost communication procedures. All flights under these exemptions will be conducted with the following restrictions:
1. Flights will be in Class G airspace at no more than 400’ AGL. 2. The UAS will be operated over private property only with the permission of the owner. 3. In regards to airports, the UAS will not be operated within: (a) 5 nautical miles (NM) from an airport having an operational control tower; or (b) 3 NM from an airport with a published instrument flight procedure, but not an operational tower;
or (c) 2 NM from an airport without a published instrument flight procedure or an operational tower; or(d) 2 NM from a heliport with a published instrument flight procedure.

4. Operations will be limited to daytime operations under visual meteorological conditions. 5. The aircraft will remain within visual line of sight of the observer at no more than 1/2 NM range. 6. A NOTAM will be issued prior to flight operations. 7. The UAS will have a maximum GTOW of less than 55 lbs. 8. The aircraft will be U.S. registered and display the N-number. 9. The PIC and Observer will possess the certifications required under N 8900.227. 10. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the UAS and associated systems are in a condition for safe operation. 11. The PIC and observers will maintain two-way communications with each other during all operations; if unable to maintain two-way communications, or if any condition occurs that may otherwise cause the operation to be unsafe, the operator will immediately conclude the operation. 12. The aircraft will automatically return to a specific location if the communications link is lost. 13. All flights will be conducted below 70mph. The regulations from which the exemption is requested are as follows. The Appendix contains details of the Shasta Media operations related to showing an equivalent level of safety for these exempt regulations.

• 14 C.F.R. Part 21, Subpart H

• 14 C.F.R. §91.203(a) and (b)

• 14 C.F.R. §45.23(b)

• 14 C.F.R. §61.23(a)

• 14 C.F.R. §61.113(a) and (b)

• 14 C.F.R. §61.133(a)

• 14 C.F.R. §91.7(a)

• 14 C.F.R. §91.9

• 14 C.F.R. §91.119

• 14 C.F.R. §91.121

• 14 C.F.R. §91.151(a)

• 14 C.F.R. Subpart E (§91.401 - §91.417)
UAS Overview
Shasta Media is submitting this request for exemption for the DJI Phantom 3 and the Inspire 1 systems, both commercially available UAS from DJI; both systems are reliable and popular aircraft utilized by hobbyists and professionals alike. Shasta Media has expertise and knowledge in the operations of these systems. We will utilize training and operational procedures that follow the guidelines presented in N 8900.227. Shasta Media is planning on using the proposed UAS to pursue further commercial applications. The DJI Phantom 3 is a multi-rotor aircraft that utilizes electric propulsion. Figure 1 below contains an image of the Phantom 3, which has dimensions of 14"x14"x7" and weighs 2.8 lbs. Shasta Media proposes that the small size and weight of the Phantom 3 flown under the guidelines of N 8900.227 will have an equivalent level of safety to manned aircraft performing similar missions.
2The DJI Inspire 1 is a multi-rotor aircraft that utilizes electric propulsion. Figure 2 below contains an

image of the Inspire 1, which has dimensions of 17"x18"x12" and weighs 6.5 lbs. Shasta Media proposes that the small size and weight of the Inspire 1 flown under the guidelines of N 8900.227 will have an equivalent level of safety to manned aircraft performing similar missions.

Figure 1: The UAS: (1) the DJI Phantom 3 and (2) the DJI Inspire 1.
Public Interest
Granting this exemption would benefit the public as a whole. The small UAS in this application offer a strong equivalent level of safety to manned aircraft, and a reduction in environmental impacts compared with the manned aircraft that are currently used for real estate applications. Utilizing UAS in the real estate industry provides both buyers and sellers a higher level of service, and at a reduced cost when compared to the use of manned aircraft. Buyers experience the benefit of getting a high-definition visualization of the whole property, sometimes several acres, in one image or a short video. Beyond the buyer and seller, use of UAS in real estate applications benefits the general public because it is much more efficient than traditional ways of using a manned aircraft or helicopter to achieve the same result. These small UAS carry no passengers, pilot, or combustible fuel, and present little danger to the public when operated safely. Allowing commercial UAS operations will also promote the growth of the emerging UAS industry that will result in economic benefits for the public as a whole. Additionally, the public interest is served by introducing a new viable alternative to aerial photography of real estate by traditional manned aircraft, thus presenting American consumers with a new affordable choice of service in a marketplace where only two options for aerial photography of real estate property (manned aircraft photography and satellite earth observation imagery) had previously existed. In general, the public interest is benefited by maximizing the efficiency of the application while minimizing the risks involved in the use of traditional methods of aerial photography.

3The name and contact information of the applicant are: Shasta Aerial Media Inc. Attn: Greg Snow Phone: 530-515-4484 E-mail: gs@mpdrealty.com Shasta Media requests exemption under Section 333 to enable safe commercial UAS operations for the activities stated. Please contact us if you require additional information or clarification.

Sincerely,

Greg Snow, President

APPENDIX

Specific Exemption Requests and Equivalent Level of Safety Showings 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required. Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a). Shasta Media requests an exemption from these rules and will utilize an internal airworthiness process based on inspections and pre-flight checks resulting in an equivalent level of safety. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. 14 C.F.R. §45.23(b) - Display of marks; general. These regulations provide that each aircraft must display "N" and the aircraft’s registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the small size of the UAS, this requirement is impossible to match. The equivalent level of safety will be achieved by having the registered N-number in 1 inch lettering on the side of the fuselage. 14 C.F.R. §61.23(a) - Medical certificates: Requirement and duration. Regulations provide that a person must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

•Privileges of a commercial pilot certificate Given the size of the UAS in this petition and the limited flight area and the safety features integrated in the autopilot, Shasta Media believes that an Equivalent Level of Safety can be reached if the operator has a valid driver’s license. 14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in
4Command; Commercial Pilot Privileges and Limitations

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial operations, and §61.133(a) requires an individual operating an aircraft for compensation or hire to hold a commercial pilot certificate. Shasta Media requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a) so that the above mentioned UAS may be operated by individuals who have a private pilot certificate. Based upon the design features of the UAS, its autopilot system, and safety factors, the FAA should permit operation of UAS by operators with a private pilot certificate when the conditions described above have been satisfied. The above-described conditions are in-line with those set forth in Volume 16, Chapter 4, Section 1 of FAA Order 8900.1. Shasta Media proposes to conduct operations in accordance with these restrictions. Given these conditions and restrictions, an equivalent level of safety to manned operations will be achieved through operation with a private pilot certificate. The risks associated with the operation of multi-rotor aircraft (given the size, speed, operational capabilities, and lack of combustible fuel) are so much less than the level of risk associated with fixed wing and rotorcraft operations, both private and commercial, as contemplated by Part 61, that allowing operations of these UAS, as set forth above, meets or exceeds the present level of safety provided under 14 C.F.R. §61.113(a) and (b) and §61.133(a). 14 C.F.R. §91.7(a) - Civil aircraft airworthiness This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Shasta Media requests that an exemption be granted allowing commercial operation without an airworthiness certificate. Given the size of the aircraft, self-certification of airworthiness will provide an equivalent level of safety. 14 C.F.R. §91.9(b)- Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. Shasta Media assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Shasta Media requests an exemption to this requirement since the aircraft is not only too small to carry documentation, but the documentation would not be available to the crew. The equivalent level of safety will be achieved by keeping a hard copy of the user manual with the ground crew. 14 C.F.R. §91.119 - Minimum safe altitudes: General. The regulation provides that over sparsely populated areas, the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. The regulation provides that over congested areas, the aircraft must be operated at or above "an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft". Since the UAS in this exemption application will be operating at a maximum of 400 feet AGL, this requirement cannot be followed. To provide an equivalent level of safety, Shasta Media will only fly over private property with the permission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. We maintain that due to the small size of the UAS, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and that this distinction should be considered in granting the exemption. Furthermore, Shasta Media will not operate over any open air assembly of persons. 14 C.F.R. §91.121 - Altimeter settings. The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The UAS will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de-conflict with other aircraft. To provide an equivalent level of safety, the autopilot calculates the reference altitude (ground level) with the on-board GPS during
5the pre-flight tests. The GPS and barometer data are then used to calculate the altitude in-flight.

14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR conditions. The regulation states that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. As the aircrafts in this request are electric-powered, this requirement is inapplicable. An equivalent level of safety is achieved through a low battery power warning. The UAS in this application are designed to automatically return to base and land safely when the power is too low.14 C.F.R. Subpart E (§91.401 - §91.417) - Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7"after maintenance and inspection. Shasta Media plans to have the qualified PIC perform maintenance and inspection of the aircraft and that the PIC shall "be authorized to approve the aircraft for return to service."The PIC will ensure that the aircraft is in an airworthy condition prior to flight and conduct detailed inspections after every 10 flight hours. Additionally, checklists will be utilized with all of the necessary pre-flight procedures prior to every flight operation. The PIC will document work performed in accordance with 91.417. We maintain that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

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