### July 24

, 2015

Exemption No. 12135

Regulatory Docket No. FAA

– 20 15

– 1631

Mr. Mark Smith

Due North Productions Inc.

2204 Euclid Street

Santa Monica, CA 90405

Dear Mr. Smith :

This letter is to inform you that we have granted your request for exemption. It transmits our

decision, explains its basis, and gives y ou the conditions and limitations of the exemption,

including the date it ends.

By letter dated April 27, 2015

, you petitioned the Federal Aviation Administration (FAA) on

behalf of Due North Productions Inc. ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial

photography, videography, cinematography, surveys, and inspections

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any

delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Flamewheel 450

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products

and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria

provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in

consideration of the size, weight, speed, and limited operating area associated with the

### 2

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA fi nds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness

Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of

exemption in circumstances similar in all material respects to those presented in your petition.

In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352),

11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No.

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of

Exemption Nos. 11 062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest.

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701,

delegated to me by the Administrator, Due North Productions Inc. is grante d an exemption

from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a),

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a)

and (b), to the extent necessary to allow the petitioner to o perate a UAS to perform aerial data

collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA.

Examples include imagery (photography, video, infrared, etc.), electronic mea surement (precision surveying, RF

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.

### 3

Conditions and Limitations

In this grant of exemption, Due North Productions Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Flamewheel

450 wh en weighing less than 55 pounds including payload. Proposed operations of

any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restriction. In no case will the UA be opera ted at

airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used

to satisfy the VLOS requirement as long as the PIC always maint ains VLOS

capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation fo r the

duration of the flight. The PIC must ensure that the VO can perform the duties

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in thi s grant of

exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the

Administrator upon request. If a discrepancy exists between the conditions and

limita tions in this exemption and the procedures outlined in the operating documents,

the conditions and limitations herein take precedence and must be followed.

### 4

Otherwise, the operator must follow the procedures as outlined in its operating

documents. The ope rator may update or revise its operating documents. It is the

operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator or any law enforcement official upon request. The

operator must also present up dated and revised documents if it petitions for extension

or amendment to this grant of exemption. If the operator determines that any update

or revision would affect the basis upon which the FAA granted this exemption, then

the operator must petition for an amendment to its grant of exemption. The FA A’s

UAS Integration Office (AFS− 80) may be contacted if questions arise regarding

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration

or flight characteristics, e.g.

, replacement of a flight critical component, must undergo

a functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and mu st remain at

least 500 feet from other people. The functional test flight must be conducted in such

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the

UAS is in a condition for safe flight. The pre

- flight inspection must account for all

potential discrepancies, e.g.

, inoperable com ponents, items, or equipment. If the

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a

state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal

government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certif icate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the

ability to safely operate the UAS in a manner consistent with how the UAS will be

### 5

operated under this exemption, including evasive and emergency maneuvers and

maintainin g appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

(traini ng, proficiency, and experience

- building) and determining the PIC’s ability to

safely operate the UAS in a manner consistent with how the UAS will be operated

under this exemption are permitted under the terms of this exemption. However,

training operations m ay only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for

flight operations are considered nonparticipants, and the PIC must operate the UA

with appropriate distan ce from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not

denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s

management is obtained or otherwise permitted by a COA issued to the exemption

holder. The letter of agreement with the airport management must be ma de available

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited fro m beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UA to conduct the

intended operation and to operate after that for at least five minutes or with the reserve

power recommended by the man ufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be cond ucted in accordance with an ATO

- issued COA. The

exemption holder may apply for a new or amended COA if it intends to conduct

operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial

num ber, registered in accordance with 14 CFR part 47, and have identification

### 6

(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrator or any law enforcem ent

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure

tha t nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipa ting persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission

for operating closer to those objects and the PIC has made a safety assessment of

the risk of operating closer to those objects and determined that it does not

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with

permission from the prop erty owner/controller or authorized representative.

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vert ical

boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be

reported to the National Transportation Safety Board (NTSB) per instructions

containe d on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and

television filming and production, the following additional conditions and limitations apply.

### 7

29. The operator must have a motion picture and television operations manual (MPTOM)

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this

exemption must submit a written Plan of Activities t o the local Flight Standards

District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day

notification may be waived with the concurrence of the FSDO. The plan of activities

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted

under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of

the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners

and/or local officials to conduct the filming production event; the list of those

who gave permissio n must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city,

town, county, and/or state over which filming will be conducted and the altitudes

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons

consenting to be involved and necessary for the filming production, as specified in the

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS

operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

### 8

This exemption terminates on July 31, 2017 , unles s sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

EnclosuresU. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Date of Submission: April 2015

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from 14 C.F. R. 45.23(b);14 CFR Part 21;14 CFR 61.101(e)(4) and (5),

61.113 (a) & (b); 61.23(a) and (c), 61.315(a), 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119;

91.121; 91.151(a) (1) ;91.203(a) & (b);91.405(a) and (c) ; 91.407(a) (1); 91.409 (a) (1) and

( 2);91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform

Act) and 14 C.F.R. Part 11, Due North Productions , operator of Small Unmanned Aircraft

Systems (“sUASs”) equipped to offer on

- demand commercial U AS operations for a host

of industries and applications. These include:

• Solar roof top inspections

• Utility

- power generation system inspections and patrolling,

• Pipeline inspection and patrolling,

• Filmmaking, cinematography, and videography,

• Precis ion agriculture,

• Wildlife and forestry monitoring,

• Aerial surveying

• Construction site inspection and monitori ng

Introduction:

Due North Productions Inc. operations with our DJI FlameWheel450 will consist of aerial

survey, photography, and videograp hy.

Due North Productions employs three highly experienced pilots, with over 9500 combined

aircraft flight hours, two flight instructors, helicopter time, an d over 1000 sUAS flight

hours. Combined experience in building and maintaining aircraft is over 50 years.

Due North Productions Inc. h ereby applies for an exemption from the listed Federal Aviation

Regulations (“FARs”) to allow commercial operation of its sUASs, 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 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) limite d 2) predetermined 3) controlled as to access and 4) would

provide safety enhancements to the already safe operations using conventional aircraft.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation’s (the FA A Administrator’s) responsibilities to “...establish requirements

for the safe operation of such aircraft systems in the national airspace system.” Section333(c) of

the Reform Act.The name and address of the applicant is:

Due North Productions Inc.

Attn : Mark Smith

2204 Euclid St

Santa Monica, CA 90405

310 213 0790

mark@randomtv.com

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.101(e)(4) and (5),

14 CFR 61.113 (a) & (b)

14 CFR 61.23(a) and (c)

14 CFR 61.315(a),

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 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 m ay 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 of UASs do not create a hazard to us ers

of the NAS or the public or pose a threat to national security in light of the following:

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

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the 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

requirements for the safe operation of such aircra ft in the national airspace system.” Id.

§333(c) (emphasis added)

Applicant interprets this provision to place the duty on the Administrator to not only

process applications for exemptions under section 333, but for the Administrator to craft

conditions f or the safe operation of the UAS, if it should be determined that theconditions set forth herein do not fulfill the statutory requirements for approval.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory au thority 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 exempti on from a requirement of a regulation prescribed

under 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 §44711(a); 49 USC §4 4704; 14 CFR §91.203 (a) (1).

Due North Productions Inc. sUASs are rotorcraft, weighting 55 or fewer lbs. including payload.

They operate, under normal conditions at a speed of no more than 50 knots and have the

capability to hover, and move in the vertic al and horizontal plane simultaneously. They

will operate only in line of sight and will operate only within a sterile area. Such

operations will insure that the sUAS will “not create a hazard to users of the national

airspace system or the public.”

Refor m Act Section 333 (b).

Given the small size of the sUASs involved and the restricted sterile environment within

which they will operate, the applicant falls squarely within that zone of safety (an

equivalent level of safety) in which Congress envisioned th at the FAA must, by

exemption, allow commercial operations of UASs to commence immediately. Also due to

the size of the UASs and the restricted areas in which the relevant sUASs will operate,

approval of the application presents no national security issue. Given the clear direction

in Section 333 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, reduction in environmental

impacts, including reduced emissions associated with allowing UASs, the grant of the

requested exemptions is in the public interest.

Accordingly, the applicant respectfully requests that the FAA grant the requested

exemp tion 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 that operate with the limitations listed herein. These

l imitations provide for at least an equivalent or even higher level of safety to operations

under the current regulatory structure because the proposed operations represent a

safety enhancement to the already safe operations conducted with conventional aircraft.

These limitation s and conditions to which Due North Productions Inc. 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 line of sight of a pilot and/or observer.

3. Maximum total 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.

4. Flights will be operated at an altitude of no more than 400 f eet AGL or, not more than

200 feet above an elevated platform from which filming is planned.

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

and/or the Camera Operator.

6. sUAS pilot will be an FAA licensed airman wi th at least a private pilot’s certificate.7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the

sUAS Pilot, who possess the necessary PIC qualifications, is also present (i.e. the Visual

Observer), that person can also be designated as the PIC.

8. The UAS will only operate within a confined “Sterile Area” of the flight operations area.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each

day’s activities. It will be mandatory that all p ersonnel who will be performing duties

within the boundaries of the safety perimeter be present for this briefing.

10. The operator will obtain the consent of all persons involved and ensure that only

consenting persons will be allowed within 100 feet of t he flight operation, and this radius

may be reduced to 30 feet based upon an equivalent level of safety determination.

11. Pilot and observer will have been trained in operation of UAS generally and received

up

- to

- date information on the particular UAS to be operated. Pilot will always have a current

FAA pilots license and medical. Pilots listed are,

a. Elizabeth	DeStaffany ;	CFII,	MEI,	CE

- 525	Single	Pilot	Type,	5300	hours

b. Evan Graham ; CFI

- Rotorcraft, Instrument, Multi

- e ngine, 1200 hours

c. Mark H Smith; Private Instrument, 3200 hours

12. Observer and pilot will at all times are able to communicate by voice

. 13. Written and/or oral permission from the relevant property holders will be obtained.

14. All required permis sions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies.

15. If the sUAS loses communications or loses its GPS signal, the UAS will have

cap ability to return to a pre

- determined location within the Security Perimeter and land.

16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

17. The sUAS will have a real time video down link with sUAS re maining battery power, height

AGL, distance from launch point and current speed.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

fo r 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

Applicant, an exemption from Part 21 Subpart H meets the requirements of an

equiva lent 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

con sideration 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.

The sUAS to b e 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 area as set out in the Manual. Unlike other civil

aircraft, o perations under this exemption will be tightly controlled and monitored by both

the operator, pursuant to the Manual’s requirements, and under the requirements and in

compliance with local public safety requirements, to provide security for the area of

ope ration as is now done with conventional filming. The FAA will have advance notice of

all operations. These safety enhancements, which already apply to civil aircraft operated

in connection with motion picture and television production, provide a greater de gree 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

of these same criteria demonstrates that there is no credible threat to n ational security

posed by the UAS, due to its size, speed of operation, location of operation, lack of

explosive materials or flammable liquid fuels, and inability to carry a substantial external

load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The re gulation 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 on that aircraft near each

entrance to the 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 U AS will have no airworthiness certificate, an exemption may be

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which

the word “Experimental” can be placed. Given the size of the sUAV, 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 sUAV marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the

sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and

10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot i n

Command.

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because theUAS will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by requiring the PIC ope rating the aircraft

to have a private pilot’s license rather than a commercial pilot’s license to operate this

small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS

is remotely controlled with no living thing on board. T he area of operation is controlled

and restricted, and all flights are planned and coordinated in advance. The level of safety

provided by the requirements included in the Manual exceeds that provided by a single

individual holding a commercial pilot’s cer tificate operating a conventional aircraft. The

risks associated with the operation of the sUAS are so diminished from the level of risk

associated with commercial operations contemplated by Part 61 when drafted, that

allowing operations of the sUAS as req uested with a private pilot as the PIC exceeds the

present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airwo rthy

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 of the aircraft and the requirements contained in t he

Manual for maintenance and use of safety check lists prior to each flight, as set forth in

Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

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 of this

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft

Flight Ma nual, approved manual material, markings, and placards, or any combination

thereof. The sUAS, 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

t here 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 sUAS will have immediate access to it.

The FAA has issu ed the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions b efore flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided

for the aircraft an exemption will be needed. The PIC will take all actions including

reviewing weather, flight battery requirements, landing and ta keoff distances and aircraft

performance data before initiation of flight.

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 u nless that aircraft has fully

functioning dual controls.

sUASs 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 vi a 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. See Exemption Nos.5778K & 9862A.

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 altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Secti on 91.119 (d)allows helicopters to be operated at less than the minimums prescribed, provided the

person operating the helicopter complies with any route or altitudes prescribed for

helicopters by the FAA. As this exemption is for a sUAS that is a helicop ter 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, except for the limited conditions

stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however

be operated in a restricted area with security perimeter, where buildings and people will

not be exposed to operations without their pre

- obtained consent. T he equivalent level of

safety will be achieved given the size, weight, and speed of the UAS as well as the

location where it is operated. No flight will be taken without the required permission of

the property owner or local officials. Because of the advan ce notice to the property

owner and participants in the aerial 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 of flammable

fuel, any risk associated with these operations is far less than those presently presented

with conventional aircraft operating at or below 500 AGL other industries. In addition, the

low

- altitude operations of the sUAS will ensure separation between these small

- UAS

operations and the operations of conventional aircraft that must comply with Section

91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising alt itude 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 sUAS may not have a

barometric altimeter, but instead a GPS altitude read out, an exemption m ay be needed.

An equivalent level of safety will be achieved by the operator, pursuant to the Manual

and Safety Check list, confirming the altitude of the launch site shown on the GPS

altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requireme nts for Flight in VFR Conditions

Section 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 la nding, 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 sUAS provides approximately 40 minutes of powered flight. To

m eet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS 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 for flight in daylight or night VFR 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 wi thout compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly

controlled area where 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

enge nder the type of risks that Section 91.151(a) was intended to alleviate given the size

and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would

greatly reduce the utility for which the exemption will be granted.

Applicant believe s that an equivalent level of safety can be achieved by limiting flights to

30 minutes or 25% 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 Exemptions 2689F, 5745,

10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(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 certificat e required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated wi thout an onboard

pilot. As such, there is no ability or place to carry certification 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 flying the sUAS will have immediate access to them, to 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, 9816A, and 10700.

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 applicant. The operator pursuant to the

flight manual and operating handbook will accomplish maintenance. An equivalent level

of safety will be achieved because these small UASs are very limited in size and will

carry a small payload and operate only in restricted areas for limited periods of time. If

mechanical issues arise the UAS can land immediately and will be operating from no

highe r than 400 feet AGL. As provided in the Manual, 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 famil iar

with the aircraft and best suited to maintain the aircraft in an airworthy condition to

provide the equivalent level of safety.

********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should i t be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9

(b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b ); 91.405 (a);

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate

commercially a small unmanned vehicle (55lbs or less).

Approval of exemptions allowing commercial operations of sUASs, will enhance safety

by reducing risk. Conve ntional operations, using jet or piston power aircraft, operate at

extremely low altitudes just feet from the subjects being filmed and in extreme proximity

to people and structures and present the risks associated with vehicles that weigh in the

neighborh ood of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft

must fly to and from the operational location. In contrast, a sUAS weighing fewer than 55

lbs. and powered by batteries eliminates virtually all of that risk given the reduced ma ss

and lack of combustible fuel carried on board. The sUAS is carried to the operation siteand not flown. 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 UASs, weighting less than 55 lbs., conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant

of the exemptions requested herein, 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, and in a sterile environment and, as a

result, are far safer than conventional 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 owner’s

prior 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.

The grant of this exemption request will provide improved safety in both day and night

operations. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-

- size, weight, speed, operat ing capabilities, proximity to airports and populated areas

and operation within visual line of sight and national security

– provide more than

adequate justification for the grant of the requested exemptions allowing commercial

operation of applicant’s UA S.

Additional information:

Due North Productions sU AS is based on a DJI FlameW heel 450 with attached relevant manuals.

Preflight inspection and all flight operations will be conducted in accordance with operator’s

manual, FAA regulations

, and limitat ions.

Attach ments:

1

- Pilot Resumes

2

- sUAS Manuals

Sincerely,

Mark Smith