Cinecam Aerial

Leonard Ross Schway 8915 Owensmouth Ave. Apt 247 Canoga Park, Ca 91304 (310) 930-1600 lennyschway@gmail.com

Date: September 18 , 2015

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

RE: Exemption Request of CINECAM AERIAL under Section 333 of the FAA Reform Act; Part 11 of the Federal Aviation Regulations; 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 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) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) & (b).

Attn: To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Ref ormA ct) and 14 C.F.R. Part 11, CINECAM AERIAL

, o perator o f S mall U nmanned A ircraft S ystems (“sUASs”) equipped to conduct A erial P hotography and V ideography, Aerial Surveying, Aerial Data Collection, Closed S et Video P roduction, T raining, h ereby ap plies for an exemption from the listed F ederal Aviation R egulations ( “FARs”) to a llow c ommercial operation of i ts sUASs,

so long as such operations are conducted within and under the conditions outlined h erein o r as

m ay be established b y t h e FAA as r equired b y Section 333.1

As de scribed more f

ully below, the r equested exemption would permit t he ope ration of s mall, 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 CINECAM AERIAL (Leonard Ross Schway, Owner) to conduct commercial operations of small unmanned aircraft systems ( “ s UAS”) m eeting o r ex ceeding all o f

t he operational an d s afety

r equirements C ongress h as s et forth in Section 333. Page 2. CINECAM AERIAL asks that if any part of this request is deemed not in compliance, that part be removed and process the remaining of this request as applicable.
CINECAM AERIAL is a Professional Aerial Cinematography Company owned and operated by Leonard Ross Schway and based in Los Angeles California. Mr. Schway holds a Bachelor Degree in Professional Photography and Cinematography and has been working in the Motion Picture Industry for the past 23 years. Mr. Schway has a great deal of experience working on and around Motion Picture and Television sets and locations and is very familiar with set and production

o perations and guidelines. Furthermore, Mr. Schway has been building and flying Radio C ontrolled Fixed Wing and R otary Wing Aircraft for 13 Years and building and flying sUAS's for the past 3 years. CINECAM AERIAL provides Aerial Video and Photographs for Motion Picture companies, Commercial Realtors, Energy Companies and Volunteer Search And Rescue Organizations.CINECAM AERIAL plans to e xplo it the c apabilities o f Unmanned A erial S ystems t o o ffer a

multitude of services, including:

- Ae r ial surveying - Event P hotography/Videography - Agriculture pu rposes

- Real E state Photography - A e rial f ilmmaking a nd photography

- Construction site i nspections a nd monitoring - Closed set video production

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS 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 UAS 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. 91.121Page 3 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 sUA Ss 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.Mr. Schway is petitioning for exemption to enable CINECAM AERIAL to operate the

following sUAV's; DJI Inspire 1, DJI Phantom 2, DJI Phantom 3, equipped with 3 -a x is camer a g imb al s and using H igh -D ef cam era s

. T h e s UA S 's ha ve a b uilt -i n c apability to limit the h eight it f lies above the ground, and to also limit the radius of the distance it flies f rom the o perator

. They also h a v e a F ailsafe function of th e a utopilot system which means when the communication between the Main C ontrollera nd th e T ransmitteris lost or disconnected or the Operator manually engages the feature and providing the GPS signal is g ood, the system will automatically trigger Return to Home and will land s afely.

Please refer to the included Instruction Manual s for the performance limitations and flight operations.

The DJI Inspire 1 sUAV's Gross w eig ht is less t han 3400g

. (7.5 lbs.) The DJI Phantom 2 sUAV's Gross Weight is less than 1243gr. ( 2.75 lbs.) The DJI Phantom 3 sUAV's Gross weight is less than 1280gr. (2.9 lbs.)

A Pre -flight inspection will be performed by the PIC i n accordance with the factory instruction manual. An added step will be the inspection of the propellers. A propeller will be replaced if it has any damage at all or has come in contact with any solid object during rotation. It will only be replaced with a manufacturers authorized propeller. The sUA S will be maintained in accordance wi th the manufacturers instruction manual and only manufacturer's authorized replacement parts will be used.

FCC Information Th e transmitter s used for controlling the sUAS complies with part 15 of the FCC rules. Operation is s ubject t o the f ollowing t w o conditions:

( 1 ) T his d evice may n ot

cau se harmful i nterference, an d ( 2) t his d evice must accep t an y interference received, including interference that may cause undesired ope r ation. The r adio tr ansmitter s used for controlling the sUAS is wireless technology which has been tested and found to b e compliant with th e a pplicable r egulations governing a r adio tr ansmitter s in the 2.400GHz to 2.4835GHz frequency r ange. When operating our transmitter s, th e P IC w ill m aintain a separation d istance of at l east 5 cm b etween his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet R F exposure safety r equirements as d etermined b y FCC r egulations.Pilot in C ommand a nd Ob server Qu alifications and Duties

Th e P I C will main tain a t least a Private t P ilot 's C ertificate an d a current C lass III m edical certificate or drivers license, p lu s at l east 1 hours fl y ing time and 3 takeoffs and landings within the previous 90 days in the type of UAS utilized in operations. The P IC w ill ha ve at l east 100 hours t otal t ime a nd at l east 30 hours f lying Radio Controlled Mode l Aircraft of w hich will be 5 hours f lying s UAS 's.

Training will be conducte d a t a lo cal Controlled Access flying fi eld. CI NECAM AERIAL has
t he ability to provide "dual controls" u tilizing tw o transmitter s w ith a w ireless link b etween th e tr ansmitters. O ne tr ansmitteris d esign ated th e M a stertr ansmittera nd th e o thertr ansmitter is d esignated a s a S lave. T he P IC in structor , u tilizing th e M a ster tr ansmitter, will be a t all times b e able assume control o f t he sUA S.

The PIC is responsible for the safe and efficient operation of the aircraft. Specif ic duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but not limited to: Safe in flight operations Risk Mitigation to Persons and property Airfield Suitability

The Observer must have the visual acuity to observe the sUAV and be able to communicate clearly with the PIC. The Observers duties are; warning the PIC of any impending obstacles in the flight path of the sUA S. warning the PIC of any deviations in the planned flight path of the sUA S. warning the PIC should any unauthorized personnel appear in the area of the planned flight. The Observer will have the authority to order the PIC to terminate the flight should he feel the flight cannot be conducted safely.

General Operating Standards

• CINECAM AERIAL will only o perate its s UA S in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."

• Before an operation of a sUAV within 5NM of a n airport with a control tower, the control tower wi ll be called to gain permission to operate the sUAS. The PIC will give the position, altitude and t he times the sUAV will be operated. The sUA S will not be ope rated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.Before an operation of a sUA S within 5NM of a non-tower controlled, airport operat ors will be notified and the PIC will give the right of way to avoid flying in the proximity of full

- scale aircraft. At no time will the sUAV be operated within the final approach course and the takeoff course of any runway. The sUAV will not be ope rated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Max imum flight time f

or e ach o perational flight w ill be 2 5 min utes.

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

• The sUAV will be programmed so that it will be operated at an altitude of no more than 400 feet AGL

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

• The sUAV operated by the petitio ner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals ).

• The sUAV will operate at speeds of no more than 30 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size of the sUAV and the restricted sterile environment within which they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The U A S

, pow ered b y b a tteries, i s s maller, l ighter and m o re maneuverable than l arger ai rcraft runni ng on combustibl e fuel, i t ope rate s a t l owe r a ltitude s w ith no peopl e 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 25 minut es, thi s is of

fers litt le or no r isk to na tio n al 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 l arge trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit m any bu ye rs and s ellers of real pr operty as well as m itiga ting r isk b y not carrying
per sonnel for flight operations.(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 ) All required permits will be obtained from stat e and local government prior to operation;

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

C INECAM AERIAL requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAV System:

14 C FR Part

21, Airworthiness C ertificates 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, CINECAM AERIAL request s an experimental cer tificate be issued f or t he DJI Inspire 1 , DJI Phantom 2, DJI Phantom 3, under either or both of the following provisions: 2 1

. 1 91 E xperimental certificates. E xperimental certificates a re is sued f orth e f ollowing
p u r po ses: (a) R esearch a nd d evelopment

. Testing n ew ai rcraft d esign co ncepts, n ew aircraft
eq uipment, new ai rcraft

i nstallations, n ew ai rcraft o perating t echniques, o r

n ew u ses f

or ai rcraft. (b) Showing c ompliance w ith r egulations

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance

o f t ype and s upplemental type c ertificates, f lights to s ubstantiate ma

jord esign changes, and flights to show compliance with the function and reliability requirements of the r egulations. S ince the experimental ce rtificat e can b e used f or commercial p urposes s uch as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would per mit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 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. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the perm anent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground St ation" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.
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 of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command 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 f or compensation or hire. Our proposed operations require that the PIC must hold at least a Sport Pilot Certificate with a Drivers License 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 Regulation is in applicable.

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 s tates tha t "No pe rson ma y ope rate a c ivil aircraft that is be ing us ed f orf light in struction unless that aircraft has fully functioning dual controls." Training will be conducte d at a local Limited A ccess flying fi eld. CINECAM AERIAL has the ability to provide "dual controls" u tilizing tw o transmitters w ith a w ireless lin k b etween th e transmitters. O ne tr ansmitteris designated t he master transmitter

an d t he other

transmitter

i s d esignated as a slave. T he PIC instructor, u tilizin g th e ma stertr ansmitter, will be at all times b e a ble a ssume c ontrol

o f th e sUAV.

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 flight path has been performed. T he 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 UAS, 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 availa ble 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 transmi tted 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 r equirements f or f light i n VFR c onditions

. The r egulation provides t hat no person may be gi n a f light i n an airplane un der da y- vFR conditions unl ess t here i s e noug h fuel t o fly t o the first poi nt of i ntended landing a nd to fly a fter that f or a t l east 30 minutes. We f eel t he i ntenti on of t his pa ragraph is t o provide a n energy

r eserve as a safety b uffer

f or d elay s to landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 2 5 minutes with a 20% reserve. Since the aircraft w ill n ever fly m ore than 3 /4 NM from the point of intended landing, a full battery charge
at launch w ill en sure that

w e meet t he reserve en ergy r equirement o f t his p aragraph. W e request

an exemption to the word "fuel" and ask for an equivalent interpretation with the word " energy".14 CF R 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 6.1 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 with the crew at the ground control station and available for inspection upon request. In order to identify t he aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CF R 91.205(a), (b), (c) Instrument and Equipment Requirements This regulation provides a minimum set of instruments and equipment required for day and night VFR flight. Due to the small size of the sUAS it would be impossible to carry many of these instruments. 91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held controller. 91.205(b) 1 is not applicable as the maximum available speed of the sUAS is less than the maximum required by this exemption and has no effect on performance. 91.205 (b) 10 is not applicable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known ELT. 91.205 (c) Much of this equipment is too he avy to be carried by the sUAS. We feel that visual contact with the sUAS and indications provided via the controller that all critical information can be monitored.

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 conditi on, 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 maintenanc e 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 manufactur er or their designated repair facility. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Sa fety a nd Benefits o f t he U AS C INECAM AERIAL will be u sing th e U AS in a v ariety of ap p lications t hat generally r equire expensive full-s ize manned ai rcraft t o co mplete. S mall, l ig h t, u nmanned aer ial v ehicles offer myriad benefits over the use of full-s ized ma nned a ircraft fore lectric power lin e in sp ection, oil/
g as p ipeline in spection, advanced agriculture, film and still photography, just to name a few.Replacing s ignificantly l arger m anned ai rcraft

ca rrying c rew and f

lammable fuel w ith s mall U AS carrying n o p assengers o r cr ew cr eates a much g reater m argin o f

s afety f or t he pilots an d crew. B y gr antin g CINECAM AERIAL ‘s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. CINECAM AERIAL is c ommitted to p romoting th e UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing d ata from i ts

co mmercial U AS o perations an d s erving as a resour ce for f uture UAS r esearch operations. Thus, the FAA has good cause to grant this Petition.

Conclu sion As pointed out in this application, all the SUAs which our company would use, under authorization by the US DOT- FAA, are small, light

- weight 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 S UAs 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 CINECAM AERIAL should be permitted to conduct small UAS operations in accordance with its manuals an d al l o ther o perating p arameters d eemed n ecessary an d appropriate by t he 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. If any individual aspect of this request for exemption be unacceptable we ask that it be struck alone and the remainder of the exemption b e allowed as r equested.

Sincerely,

Leonard R. Schway Cinecam Aerial (310) 930-1600 lennyschway@gmail.com