Exemption Request ZeroDrift Media 22-July-2015

Robert VanOrden (dba) ZeroDrift Media (972) 998-9911 713 Belmeade Lane, Flower Mound Texas, 75028

bob@zerodriftmedia.com

ZeroDrift Media - Section 333 Exemption Petition

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

Re: of the Federal Aviation Regulations from14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b)

Dear Sir or Madam,

I, Robert VanOrden, proprietor and PIC of Zero Drift Media am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that Zero Drift Media owner and operator of small unmanned aircrafts, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that Zero Drift Media may operate the unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

Zero Drift Media has several UAS’s. Attached are the Operators Manual for the three UAS’s. The UAS’s are equipped with High Definition cameras for aerial videography/ cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of our area and augment real estate listing videos; following exemption and approval by the FAA. Thereby enhancing their academic research and experience of the state of Texas and its coastal shoreline.

I, Robert VanOrden, have been flying small RC electric helicopters/ airplanes for more than 20 years and many as 5 years with the current models I own.

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Zero Drift Media’s exemption request would permit the operation of unmanned (piloted by remote control) UAS’s in tightly controlled and limited airspace, committed to safety first with each flight. Predetermined in areas away from general public, airports, heliports restricted airspace, TFR’s, VFR corridors and vehicular tra ffi c for community videos, and within property boundaries for individual homeowner real estate listing videos/photos. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent potential mishaps .

Zero Drift Media has initiated safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols, exclusive to lightweight UAS's specific to real estate video and photography usage as Zero Drift Media records flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

Granting Zero Drift Media’s, request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further Zero Drift Media, will conduct our operations in compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below Zero Drift Media, respectfully requests the grant of an exemption allowing Zero Drift Media to operate UAS’s for academic community awareness to benefit/stimulate attraction to Texas in general and to enhance real estate (residential and commercial) listing videos for homeowners who cannot a ff ord expensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that poses potential public hazard.

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I. Contact Information:

Robert VanOrden
713 Belmeade Lane Flower Mound, Texas 75028 (972)-998-9911
bob@zerodriftmedia.com

UAS Models for consideration: (user manuals are available for #2 & #3 as they are purchased “RTF” or Ready To Fly. I can provide manuals for all other component parts if required.

1. Tarot 810. I refer to this model as “ZDM-1”. This was professionally assembled from a standard airframe kit, with all other components hand picked specifically to produce video / aerial photography. The main comments consist of DJI Naza-M V2 flight controller, FrySky transmitter/receiver, FrSky Telemetry module, FrSky remote current monitor, DJI iOSD (onscreen display) w/8” monitor, which looks to many like a fighter pilot’s head-up display, which shows heading, ground speed, altitude, rate of climb/ decent, distance to home, number of satellites connected, battery voltage, camera status, etc.

This is a 22 volt (6S) powered UAS that weights under 14 lbs AUW (all up weight). Flight time is typically 12-16 minutes. It carries Sony HD DSLR’s on a precision, 3 axis gimbal.

2. DJI Inspire 1. This is a prosumer level UAS that is compact and capable of everything the ZDM-1 is and more. It uses a proprietary 4K camera & gimbal. Easier to transport, fast to deploy in comparison, all the same or more advanced safety features. Flight time 20 minutes.

3) DJI Phantom 3. A consumer grade UAS that takes great video. Much smaller than
#1 & #2.

Maximum range is virtually the same on all and that is well within VLOS. The work I propose to perform commercially REQUIRES VLOS to achieve required results.

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II

. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Zero Drift Media Requests Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief Zero Drift Media seeks and the Reason for Such Relief:

Zero Drift Media submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent Zero Drift Media, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Zero Drift Media’s, UAS’s
meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my UAS’s are expressly contemplated by the Reform Act. Zero Drift Media would like to operate our UAS’s prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography. The

Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a).

Each of these items reflect in favor of an exemption for Zero Drift Media. The UAS’s are equipped with GPS and auto-return safety technology. All UAS’s weighing less than 25 (AUW) pounds (far below the maximum 55 pound limit). Zero Drift Media, considers safety foremost with each flight. Zero Drift Media’s UAS’s are designed to hover in

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place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph).

Built in safety systems include a GPS mode that allows the UAS’s to hover in place when radio controls are released. With three modes to choose from, I utilize GPS Hold
for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. If pilot transmitter communication is lost the UAS’s are designed to return to the original departure point with a GPS controlled descent of 1 m/s, after having automatically climbed to 80 feet (or other programable height) to clear all surround obstacles, before returning to it’s “home” point.

Zero Drift Media will not operate the UAS’s near airports, Hospitals or Police Agency heliports, and do not operate near areas where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather. We are constantly on alert for any manned aircraft (Commercial/Private/Police/Medical/News, etc.) and are prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach Area of Operation.

The UAS’s are capable of vertical and horizontal operations, and are flown only within line of sight of the PIC or a Visual Observer / Secondary Camera Operator. Utilizing battery power rather than combustible fuels, flights generally last between 15 to 18 minutes, with an altitude substantially under 400 feet. Zero Drift Media does not operate the UAS’s at or below manufacture recommend minimum charge levels for operation; preferring to remain well within a safe operating range (less than 1 mile) to insure adequate communication between radio control and UAS to eliminate potential failure, hazards and loss of control.

Zero Drift Media’s PIC has well over 100 hours on each type of UAS that is in operation.

Zero Drift Media is extremely cautious when operating the UAS’s and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of the UAS’s fall well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Robert VanOrden (PIC) has perfect safety record flying as a hobbyist and does not pose any threat to the general public or national security.

IV. How Zero Drift Media’s Request Will Benefit the Public As A Whole:

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Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury
homeowners can a ff ord to absorb such expense. Manned aircraft pose a threat to the public through potential catastrophic failure. UAS’s pose no such threat since the size and lack of combustible fuel reduces any potential threat to the public.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting Zero Drift Media’s, exemption request furthers the public interest through academic/visual awareness. UAS’s are battery powered and create no emissions that can harm the environment. The consequence of a UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public.

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/ photo capture through battery operated UAS's. Permitting Zero Drift Media to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for Texas communities for companies and families looking to relocate, build or career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.

V. Why Zero Drift Media’s Exemption Will Not Adversely A ff ect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Zero Drift Media’s exemption will not adversely a ff ect safety. Quite the contrary, for the reasons stated permitting Zero Drift Media to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for government agencies (from inspections to search and rescue), forestry and agricultural management, the list is quite long, for development in cooperation with the FAA. In addition, Zero Drift Media submits the following representations of enhancements to current aerial videography and photography for real estate:

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• The UAS’s weigh less than 25 pounds with High Definition cameras;

• The UAS’s operate well below the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);

• Flight duration for 14 to 18 minutes per flight;

• The UAS’s alert the PIC prior to manufacturer recommended minimum battery level to ensure the safety of the equipment and surroundings. The UAS’s automatically return to their original departure point (Home Point) by ascending (currently set for 80 feet) to a safe altitude when it detects low voltage, or loss of signal to or from the UAS, due to range, transmitter failure or incapacitation of the PIC. The Return to Home program can also be manually triggered by a clearly marked switch on the transmitter.

• The UAS’s are operated through remote control and by line of sight only; the transmitters use only approved frequencies ( 2.4 & 5.8 MHz )

The PIC is constantly analyzing flight data sent from the UAS enhancing safety protocols; Altitude, Vertical/Horizontal speed, Distance from Home Point / PIC.

• The UAS’s are only operated in reasonably safe environments that are strictly controlled, away from power lines, airports, known approaches to airports and safe distances from major sports facilities or areas where large numbers of persons are gathered.

In addition, the FCS (Flight Control System) has many no-fly zones preprogrammed directly into the firmware, making it impossible to take-o ff from within these zones. All major and most minor airports are included and many other known no-fly zones.

The FCS also allows the PIC to program maximum altitude and horizontal

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distance from the PIC. When the UAS reaches these maximums, the PIC is
warned with audible alarms.

• Zero Drift Media conducts extensive pre-flight inspections and protocol ensuring safety.

• Zero Drift Media always obtains all necessary permissions prior to operation.

• Zero Drift Media has procedures in place to abort flights in the event of safety breaches or potential dangers. Zero Drift Media’s safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters and fixed wing aircraft are the primary means of aerial video and photography for community awareness and real estate. While the safety records are astounding, there has been incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered UAS.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals, etc

.
14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Zero Drift Media’s UAS permits exemption from Part 21 because the UAS’s meet (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Zero Drift Media’s UAS's meet or exceed each of the elements.

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14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable since UAS’s utilize electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by Zero Drift Media.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is di ffi cult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Douglas Trudeau, will however operate my UAS in safe areas away from public and

tra ffi c, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

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The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Zero Drift Media's UAS. However, as a safety precaution Zero Drift Media inspects each UAS before and after each flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, Douglas Trudeau’s, UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation
of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, Zero Drift Media seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate Zero Drift Media's UAS’s in community awareness and real estate operations, and to develop economic platforms for real

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estate to enhance the experience of those seeking to relocate or simply wanting to buy
a new home.

Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting Zero Drift Media’s request for exemption will reduce current risk levels and thereby enhance safety.

The UAS’s do not contain explosive fuel, is smaller, lighter and more maneuverable than conventional aircraft with much less flight time. Further, the UAS’s are operated at a much lower altitude and in controlled airspace eliminating potential public risk flying
to and from established air fields.

Zero Drift Media is more then willing to work with the FAA to enhance the FAA's
internal e ff orts to establish protocols for complying with the FAA Modernization and
Reform Act of 2012.

There are no personnel on board our UAS’s and therefore the likelihood of death or serious bodily injury is significantly diminished. Zero Drift Media’s operation of the UAS’s, weighing less than 25 pounds and traveling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs.

Accordingly, Zero Drift Media respectfully requests that the FAA grant the exemption request and is willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted for your consideration,

Robert VanOrden, (dba) ZeroDrift Media

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## ZDM Protocols and Controls

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