**300 S Wells Ave Ste 7A E-mail: ruta@ambershorepictures.com**  **Website: www.ambershorepictures.com Phone: (206) 393-7778**  **Date: March 4th , 2016**  **U. S. Department of Transportation Docket Management System**  **1200 New Jersey Ave., SE Washington, DC 20590** 

Petition of Amber Shore Pictures LLC for Exemption Pursuant to Section 333 of the FAA Reform Act
**Attn: To whom it 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, Amber Shore Pictures LLC, operator of small**  **unmanned aircraft systems (“sUAS”) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation**  **Regulations (“FARs”) to allow commercial operation 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 333.1.** 
**As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in**  **airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Amber Shore Pictures LLC to conduct commercial**  **operations of small unmanned aircraft systems (“sUAS”) meeting or exceeding all of the operational and safety requirements Congress has**  **set forth in Section 333. Amber Shore Pictures LLC is a media company that plans to exploit the capabilities**  **of unmanned aerial systems to offer a multitude of photography and videography services, including:** 

● **Residential and commercial real estate**



### • **Web and commercial videos**

● **Nature & wildlife**

● **Wedding videography**

● **Special events**

● **Surveying and mapping**

● **G olf courses** 

● **Educational and research applications**

Statutory Authority

**Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil sUAS operations in**  **the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion**  **of the (comprehensive) plan and rulemaking required by section 332 (b) (1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress**  **made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit**  **FAA approval of commercial sUAS operations.** **The Petitioner Requests Relief From the Following: Regulations from which the exemption is requested:** 

● **14 C.F.R. Part 21**

● **14 C.F.R. 45.23 (b)**

● **14 C.F.R. 61.113(a) and (b)**

● **14 C.F.R. 91.7 (a)**

● **14 C.F.R. 91.9 (b) (2)**

● **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)**
**Unmanned Aircraft System sUAS are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such,**  **a much smaller environmental impact which promotes public safety.**  **We are petitioning for exemption to enable Amber Shore Pictures LLC to operate a Yuneec Q500 which is equipped with a gimbal and HD camera. This sUAS has a built**  **in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace**  **including a no fly zone feature. The Q 500 also has the failsafe function of autopilot system, which means that if the communication between the main controller and the**  **transmitter is disconnected the system will automatically trigger “Return to Home” and land safely. The above specifications meet with the Model Aircraft Operating**  **Standards as set below:**

● **Amber Shore Pictures LLC will only operate its sUAS in line of sight of a pilot and/ or observer and will operate at sites that are a 'sufficient distance' from populated**  **areas within the sterile area described in the FOPM. Such operations will insure that the sUAS will not create a hazard to users of the national airspace system or the**  **public.**● **When flying sUAS within 5 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity of full-scale**  **aircraft.**

● **Maximum flight time for each operational flight will be 30 minutes.**

● **Flights will be terminated at 25% battery power reserve should that occur prior to the**  **30 minute limit.**

● **The sUAS will be programmed so that it will not be operated at an altitude of no**

**more than 400 feet AGL, and not more than 200 feet above an elevated platform from**  **which filming is planned.**

● **Minimum crew for each operation will consist of the sUAS pilot and visual observer.**

● **The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).** 

● **The sUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.** 

**Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety**  **requirements. The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower**  **altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury.**  **With a small payload and maximum flight time of only 30 minutes, this offers little or no risk to national security. Low level oblique photos and video from several angles**  **are far more effective than ground based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The benefits of**  **reduced cost and improved quality of presentation from the sUAS will be valuable to and benefit many buyers and sellers of real estate**  **property. Amber Shore Pictures LLC will remain a subject to all limitations cited in this**  **application.**
**A. No flight will be made with a Gross weight exceeding 55 pounds; B. All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at**  **an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC;**  **C. All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate**  **by voice at all times during a flight operation; D. Operations will be restricted to flights over private property with the permission of**  **the property owner;**  **E. All required permits will be obtained from state and local government prior to operation;**  **F. Amber Shore Pictures LLC will not be operate over densely populated areas;**  **G. Amber Shore Pictures LLC will not be operating over any open-air assembly of people;**  **H. Amber Shore Pictures LLC will not be operating over heavily trafficked roads; I. Amber Shore Pictures LLC will not be operating within 5 NM of an airport or**  **heliport;**
**We respectfully request exemption under Section 333 to enable Amber Shore Pictures LLC to operate efficient, limited, low-risk commercial sUAS operations for the**  **activities stated respecting at all times the space and privacy of citizens and property whilst keeping our**  **skies safe.**

**Sincerely,**

**Ruta Ilciukaite Amber Shore Pictures LLC**  **300 S. Wells Ave Ste 7A E-mail: ruta@ambershorepictures**  **.com Website: www.ambershorepictures**  **.com Phone: (206) 393-7778** 

**_______________________________________**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY **Amber Shore Pictures LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the**  **sUAS System:**

14 CFR Part 21, Airworthiness Certificates **This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for unmanned**  **aerial systems, we request an experimental certificate be issued for the Yuneec Q500 under**  **either or both of the following provisions:**

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. **The regulation provides that no person that holds a Private Pilot certificate may act as Pilot in Command (PIC) of an**  **aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only**  **incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require**  **that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113**  **Subparagraph (b) even though the intent of this application is to conduct a business.**

14 CFR 91.7 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 r**  **egulation is inapplicable.**

14 CFR 91.9 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. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the**  **aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew**  **during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the**  **crew at the ground station anytime the aircraft is in, or preparing for, flight.**

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight

tests. **The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The**  **sUAS System ground-based control station consists of a small hand-held radio transmitter and while it does not offer a second set of "controls", both the student and**  **instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this**  **technique meets the intent 91.109 and provides an equivalent level of safety.**

91.119 Minimum safe altitudes: General. **The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person,**  **vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary**  **to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned has**  **been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the**  **surface. Therefore we maintain that due to the small size of the sUAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which**  **should be considered in granting the exemption.**
CFR 91.121 Altimeter settings. **The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the**  **aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground**  **Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, providing a constantly**  **updated AGL readout.**

14 CFR 91.151 Fuel requirements for flight in VFR conditions. **The regulation provides 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. We feel the intention of this paragraph is to provide an**  **energy reserve as a safety buffer for delays to landing. The sUAS is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a**  **20% reserve. Since the aircraft will never fly more than 3f4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve**  **energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word “energy".** 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. **The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft**  **and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit**  **entrance so that it is legible to passengers or crew." At a maximum gross weight of 3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and**  **is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this**  **aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that**  **the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information** 

**.** 14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 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. It is**  **our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the**  **aircraft is in an airworthy condition prior to every flight and in addition conduct**  **detailed inspections after every two hours of flight.**
**Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the**  **on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance** **with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an**  **equivalent level of safety.**

Safety and Benefits of the sUAS
**Amber Shore Pictures LLC will be using the sUAS in a variety of applications that generally require expensive full-size manned aircraft to complete. Small, light,**  **unmanned aerial vehicles offer myriad benefits over the use of full-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced**  **agriculture, film and still photography, just to name few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with sUAS carrying no passengers**  **or crew creates a much greater margin of safety for the pilots and crew.**  **By granting Amber Shore Pictures LLC’s requested exemptions, the FAA will help drive development of safe and successful commercial sUAS operations and will**  **advance the public knowledge base for such operations. Amber Shore Pictures LLC is committed to promoting the sUAS research efforts of policymakers including the FAA,**  **NASA, DOD and DARPA by sharing data from its commercial sUAS operations and serving as a resource for future sUAS**  **research operations. Thus, the FAA has good cause to grant this Petition.** 

Conclusion
**As pointed out in this application, all the sUAS which our company would use, under authorization by the US DOT-FAA, are small, lightweight devices operated within the**  **line of sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location**  **with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.** 
**All our sUAS have proven capability for controlled flight. They are devices offered for general sale on the market around the world and have often been used as Model**  **Aircraft in the USA. We are certain that the studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you with the**  **assurances on the airworthiness of sUAS such as ours.** **For the foregoing reasons, the exemptions requested herein should be granted and Amber Shore Pictures LLC should be permitted to conduct sUAS operations in**  **accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of this application and its contents is the best**  **demonstration that indeed it is possible to pursue the authorization process so that some sUAS may be used for legitimate**  **commercial activities and under reasonably safe conditions.** 

**300 S Wells Ave STE 7A E-mail: ruta@ambershorepictures.com**  **Website: www.ambershorepictures .com**  **Phone: (206) 393-7778**