Michael Griffith Ozone Ae · rial fj Media P1'0ductions CEO Ozone Aerial & Media Productions 5 Marseille Laguna Nigue l , CA 92677 Te l (703) 864-3884



### The Honorable Michael P. Huerta Office of the Administrator Federal Aviation Administration 800 Ind ependence Avenue SW Washington, DC 20591 November 24 , 2015 

### RE: Ozone Aerial & 

### Media Productions, LLC sUAS Petition for Exemption Pursuant to FMRA Sec 333 and 14 CFR Part 11 Dear Administrator Huerta: Ozone Aeria l & Media Productions , LLC ('Ozone') hereby p etitions th e FAA for regulatory relief pursuant to Section 333 of P.L. 112

- 95 and 14 C.F.R. Sec. 11.81 to cond u ct commercial flights using the DJI F550 Flamewheel , DJI Phantom 2 , DJI Phantom 3 Professional , and DJI Inspire 1 sUAS for the following applications:

• Aerial Photography and Videography • Aerial Cinematography Ozone , therefore, seeks a request for exemption from airworthiness and the following sp ecific Title 14 C.F.R. provisions:

• 14 C.F.R. Part 21 • 14 C.F.R. 45.23 • 14 C. F .R. 61.113( a.) (b) • 14 C.F.R. 6 1.1 33(a.) • 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9 • 14 C.F.R. 91.109(a)

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• 14 C.F.R. 91.119 • 14 C.F.R. 91.121 • 14 C.F.R. 91.151( a) • 1 4 C.F .R. 91.203 • 1 4 CFR 91.405 (a); 407 (a) ( 1 ); 409 ( a) (2 ); 417(a) (b) Th e FAA has i ssu ed grants of ex e mption in circumstances s imil ar in all mate rial r espects t o those presented in t his p etiti on , specifica lly Exemptions No. 11842 to ProFly Dron es, 11806 to T erra I maging, and 11541 Vi s ion Pictures, LL C; an d we therefore request that our petition b e granted without delay. Additional s imil ar exemptions include (c inematography) No. 117 51 , 11541 , 11488 , 11 477, 11 440 , 11401 , 11362 , a nd 11270 a nd (v id e ograph y) No. 11843, 11845 , 11 848, 11 850, 11 8 20, 11822 , 1182 5, 11826 , 11829 , and 11833 . Oz one has a lso provided sup po rting documentation to include; a G eneral Op erations Manual ( Ozone Manual') whi c h is composed of (1) an operations manual , (2) flight manuals for each of t h e O zone models ; ( 3 ) a n Op erator Tra ining Manual , (4) a Maintenance a.nd Ins p ection Manual , and (5) an sU AS motion pictme and televi s ion op er ations manua l (MPTOM ) . Pl ease not e that a ll the Ozone Ma nual ( including a ll of the ab ove listed c ompon ent s) are clearly m arked " Confid enti a l" on each p age and contain c onfid entia l commercial and proprietary information t h at O zon e has not and will not s h a re with oth ers who are not s ubject to a "No ndisclo s ur e Agreem ent)) (NDA ). Therefore , the Ozone Manual ( including a ll compo n ent s) ar e not avai l ab l e to t h e publi c and co ntain oper ati n g condi t ions, procedur es a nd o th er information that are protected from public r e l ease or disclosure under t h e F\· eedom of Informat i on Act 5 USC Sec. 552 et seq . 

### 1 Company Description T hi s sect ion r esp onds to the specific re quir e ments of 14 CFR Sec 11. 8 1. Ozone Aerial & Media Production s i s a Ca lif

orn i a. based drone aeria l and v ideog raph y company which fo cu ses on providing services to co mm erc ia l clients in the so u t hwest Un ited States . Our prof ess ional photography background a nd disci plin ed approach to avia ti on max i mizes safe ty and value . Mai li ng add ress and other co ntact inf orm ation . ATT : M ichael Griffith Ozone Aerial & Media Produ ctions , LLC 5 J\llarseille Laguna N igu el, California 92677 Email: mgriffith @ ozonea .mp.com 

### 2 Re levant Statutory Authority This ex emption app lication is express l y su b mitte d to fulfill Congress' goa l in passing Section 333(a) through (c) of the P.L. 112

- 95 , the FAA Modernization and R efo rm Act (' R eform Act'). This law

Doc 10: f39fadb8a7b041 c6ece6f455abb3e61 b351 d73493 directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national ai r space system (NAS) before comp letion o f the ru lemaking requ ired under Sect ion 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 users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS's s ize, weight , speed, and operat i onal capab ility; • Operation of the UAS in clo se proxim ity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. 1 Lastly , if the S ec retary determines that such vehicl es "may operate safely in the national airspace system, the Secretary shall establi sh r equirements for the safe operat ion of such a ir craft in the national ai r space system . " 2 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions . Thi s statutory authority by its terms includes exempting civil aircraft, as t he term is defined under §40101 of the Act , that includes sUASs , from th e requirement that a ll civi l aircraft must have a cmTent a irworth iness cert i ficate. 

### 3 Qualifi cat ion for Approval Under Section 333 of the Reform Act The proposed operations in th is petition for exempt ion qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory cr i teria and other potentially re l evant fa ct ors are satisfied . The requested exemption would permit Ozon e to perform commercial operations under contro ll ed conditions in airspace that is 1) limited 2) predetermined 3) restricted , limited , or controlled as to access and 4) would provide sa f ety enhancements to the a lready safe operations in these indu stries present l y using conventional a ir craft . Approval of this exempt ion would thereby enhance safety and fulfill the Secretary of Transportation ' s (the FAA Admini st rator 's) responsibili

ties to "estab li sh requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act. Each Ozone sUAS weighs 55 lb. or l ess includ ing pay load. Each Ozone sUAS operates under normal conditions at a speed of uo mor e than 87 knots. Each Ozone sUAS has the capability to operate in either Automatic' or Manual ' mode as described in the Ozone l'vfanual. Generally Ozon e sUAS operations will be below an altitude of 400ft. AGL , within specific access re st ricted areas, eithe r within C l ass G airspace or with the permiss ion of the ATC , using sU AS operated by Ozone-qualified sUAS pilots, and with in th e vis u al l ine of s ight of the operator and observer. Such operat ions will insure that the s UAS will " not create a hazard to use rs of the National Airspac e Sys tem or the public" as p er the FMRA 2012 S ection 333. Giv en t h e size of the sUAS and the operating e nvironment , this p etition for exemption m eets an equivalent leve l of safet y, in which Congress env i sion ed that the FAA must , by exemption a llow commercia l op erations of UASs to 1 Public La.w 112

- 95 , 'FAA Modernization a.nd R eform Act ' Section 333 (a.) 2 Id. §3 33 (c).

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commence immediately. Also due to the size and environment , approval of t h e application presents no nation a l sec uri ty iss u e . Cons id ering the cl ea r direction in Section 333 of the R eform Act, the authority contained in the Fed e ral A viat ion A ct , as amen d ed, t h e equ i valent l eve l of safety surround in g the proposed operations, and the significant publi c benefi t described herein, the grant of the re quested exemptions is a lso in the publi c interest. 

### 4 Ozon e D esc ription of Pr o po se d Op e ration s Ozone operations will provid e a l evel of sa f ety that i s equ i va l ent t o curr ent aviation standards. Oz on e sa f ety pro ce dur es, ri s k assessments , and flight op er ations standard s are described in detail in the accompanyi ng Ozone Manual. In brief , t h e following procedures that app l y during operations conducted under this exemption request, estab li sh an equi valent level of safety (ELOS) as follows: l. Th e sUAS will weigh less than 55 lb . 2. Flights wi ll be operated within lin e of sight of a pi lot a nd/ or observer. 3. Flight s will occur durin g d ay lig ht hour s . 4 . Flights will o cc ur during Vi s u a l Flight Rul es Meteorolo gical Conditions (VMC). 5. Fli ghts will generally b e operated at an a lti t ude of no more than 400 feet AG L and within Class G a irs p ace . Operations in co ntroll ed B , C, or D airspace will be c onducted in coo rdination with the proper FSDO and ATC with prior permiss ion. 6. Fli ghts will be terminated at 25 % battery power r ese rve shou l d that occur during the op er ation. 7. All O zone sUAS will be U.S. registered and display marks either in acco rdance with 14 C .F.R. P art 45 , Subpart C or a pproved a ltern ative m arkings. 8. Op erations will be condu cte d in defined regions and over property a u thorize d fo r this use by the landowner. All operat i ons will r emain within the geographic boundaries of t h e op erating area. Most operat ions may b e conducte d within the limitations of the blanket COA authoriz ation provided with 333 grants as of 3 / 23 / 20 15. 9. All required permissions a nd perm i ts wil l be obtained from territorial , stat e , co unty or city jurisdictions , including l ocal law enforceme nt , fire, or other appropriate governmental agencies . 10. The operator wi ll obtain t h e consen t of a ll persons involv ed and en sure that only conse nting persons will be allowed with in 100 feet of t h e flight operation , and this radius may b e reduced to 30 feet based u pon an equiv a lent level of safety determination. 11. A briefing will be cond u cted in regard to the pl anned sUAS operations prior to each clay ' s activ i t ies. I t will b e mandatory that all pers onn el who will be p erforming du t ies within t h e boundaries of the safety perimeter be prese nt for this briefing . 12. Minimum crew for eac h operation will consist of the sUAS Pilot , the Visual Ob se rver , a nd/ or t he Camera Op erator.

Doc 10 : f 39fadb8a7b0 4 1 c6ece6f455abb3e61 b351 d73495 13. Operations without a Visual O bserver (sUAS Pilot on l y) may occasionally be conducted sub

ject to add itional and specific ai r craf t equ ipment , operator competency, and fl i ght restrictions (maximum distance from the sUAS Pilot ,**m~'<imum** altitude, and maximum speed) as defined in the Ozone Operations Manual. 1 4 . sUAS operat ions under th is exempti on will be conducted under the superv is ion of a des i gnated pilot in command (P IC) who has final responsibility for the operation and in accordance with 14 C.F.R. 91.3 . All sUAS operators must have completed training on the normal , abnormal , and emergency p rocedures i n the Ozone Manual and demonstrated p r ofic iency with the sUAS be in g oper ate d. The PIC will meet at least t h e m i ni mum FAA sUAS regu lations for li ce n sure . Ozone requests that the alternat i ve mi nimum P I C qualification proposed in Ozone manual is approved by the FAA. O therwise, O zone PICs must possess at least a sport pilot certificate a n d hold a valid U.S . d river's li cen se. 15. sUAS Pilot will be P ilot in Command (P I C). If a pilot certificate ho lder other than the sUAS Pil ot, who possess the necessary PI C q u alificat i ons , is also present (i . e. the V isual Observer), that person can also be designated as the PIC . 1 6. O bserver and p il ot will at a ll times be abl e to mai ntain verbal communication , eithe r directly or thmugh electronic means . 1 7. Operators and eng ineers will maintain t h e sUAS system in a cond it ion for safe operation according to the Ozone Manual and associated manufacturer's ma intenance manua ls, including pre-flight and post - flight inspections . 1 8. The PIC and observers will maintain situati onal awareness and perceive, process, and perform risk management prior to and during each operation as descr i bed in the Ozone Manual. The P I C will terminate the operation in accordance with the Ozon e Manual 

### if hazards that cannot be acceptab l y mitigated are observed . 1 9. sUAS will safe l y stop operating and either return home or auto-land at a safe location along the fl ight path if the control li n k is lost . 20 . For each sUAS, the P I C will h ave the ability to f o rce a controlled l anding at a.ny time . Op e rat io ns for the purpo se of clo s ed- se t mo t io n picture a nd te l e vi s ion filming a nd produ c tion. 1. The O zone s UAS specific motion picture and television operations manual (MPTOM) will app ly to closed

- set motion picture and tel evision operations conducted under the exemption. 2 . At least 3 days before aeria l fi lming, Ozon e will submit a written Plan of Activities to the local Flight Standards Distr i ct Office (FS D O) w i th j urisdi ction over t h e ar· ea of proposed filmi n g. The plan of act i v ities 'vi ll inclu de the fo llow ing : • Dates an d times for a ll flights. • Name and phone number of the O zone point

- of

- contact for the UAS aerial filming to be conducted. • Name a n d phone number of the perso n respon sible f or the on -scene operation of the UAS . • Mak e, model , and seria l or N

- Number of UAS to be used .

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• Name and certificate number of UAS PICs involved in the aerial filming. • A statement that Ozone has obtained perm i ss ion from property owners and/ or local officials to conduct the filming pwduction event; the list of those who gave permission must be made avai lab le to the inspector upon request. • Signatme of Ozone CEO or representative . • A descr iption of the flight activity , including maps or diagrams of any area, city, town,

county, and/ or state over which film in g will be cond u cted a nd the altitudes essentia l to accomplish the operat ion. 3. Flight operations may be conducted closer than 500 feet from partic ipating persons consenting to be invo l ved and necessary for the filming production , as specified in t h e Ozone sUAS MPTOM . 

### 5 Regulations From Which Exemption is Requested 5.1 Part 61 , C e rtification: Pilots , Flight In structors, and Ground In st ructor s E x t e nt of R e li e f P art 61, all sections. Reas on for Relief Because**tht: ~**  UAS will not carry a pilot or pass engers, the proposed operations can achieve the equ ival ent level of safety of current operations by r equ iring the P I C operating the airc raf t to have at least a. sport p ilot ' s license rather than a commercial pilot ' s license to operate these sUAS . Equiva l ent Level of Safety Unlike a conventional a ir craft that carries the pilot and passengers , th e s UAS is remotely contro ll ed with no living t hing on board. The area of operation is controll ed and restricted , and all fli ghts are planned and coordinated in advance as set forth in t h e General Operations l\t1a.nua.l (GOM) . The level of safety provided by the requirements includ ed in the GOM exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of t h e sUAS are so diminished from the level of r i s k associated wi th commercial operations contemplated by P a rt 61 when drafted, that allow ing operations of the sUAS as requested with a sport pilot certificate as the PIC exceeds the present level of saf ety achieved by 14 C.F . R. §61.113 (a.) & (b). 

### 5.2 61.113 Privat e pilot privil eges and limitations: Pilot in command. Extent of Relief R elief from requi rement to possess a private or commercia l pi lot's license for aerial work s u ch as aerial survey and mapping .

Doc 10: f39fadb8a7b041 c6ece6f455abb3e61 b351 d73497 R eas on for R e li ef §61.113 (a) stipulates that a holder of a private pilot certifi cate may not act a.s a pilot in command of an aircraft for compensation or hire; ( b) states that a private pilot may act as PI C if the flight is incid ental to business and does not carry passengers o r property . Furthermore , N

- 8900.227 " Unmanned Aircraft Systems (UAS) Operational Approval" paragraph 16(c)(2)(c) "Operations without a pilot**certificate>~** states that a operations which conform to said paragraph may be performed by a PIC that does not possess a private pilots l icense but that has completed FAA private pil.ot ground instruction and passed the FAA Private Pilot written test . In addition , there is no means currently of obtain ing a com m er cial rating for UAS. Thus , we require r el ief in order to perform aerial work. Publi c Benefit As described above , the public benefit include s exponential economic gro"'' th, enhanced safety , and improved precision agriculture capabilities. In general , commercial small UAS op erations provide aerial services which are affordab le to small businesses , something that would not be poss i ble without U

AS techno logy . Equivalent Level of Safety 

### Om operations fulfill a ll the requirements in N

- 8900.22716(c)(2)(c) for operations without a private pilots license.



### 5 . 3 91.7 Civil aircraft airworthiness. Extent of Relief 91.7 , all provisions. R eas on for R e li e f Should the exemption be granted allowin g commercial operation of the sUAS without an airworth in ess cert ifi cate, no standard will ex ist for airworthiness of the sUAS . Equivalent Leve l of Safety Given the size and weight of these aircraft and the requirements contained in the GOM , an eq uivalent level of safety w i ll be achieved by ins uring comp li ance with the sUAS us er manua ls p rior to each flight . 

### 5.4 91.119, Minimum safe altitudes: Genera l. Extent of Relief Section 91.119 establishes safe altitudes for operation of civil aircraft. 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface , except ove r open water or sparsely popu lated areas , and the aircraft may not be operated closer than 500 feet to any person , vessel , vehicle, or structure .

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### Rea s on for R e lief To provide for these operat ions, the sUAS are normally operated at or below 400 feet AGL. In addition, due to the nature of the proposed operations , the PIC and the observer may at times be less than 500 feet away from structures during the operation . 

### Equivalent Level of Saf ety The equivalent level of safety will be achieved g i ven the size, weight, and speed of the UAS as well as the lo cation where it is operated. No flight will be tak en without the required permission of the property owner and local officials, and a dv anced notice to p articip ants and spectators . B ecause of the advance no t ice all affected indi v iduals will be aware of the planned fli ght . Compared to fli ght operat ions with a ircraft or rotorcraft weighing far more than the maximum 55lbs . descr ibed above and the lack of flammable fuel , any risk associated with these operations is far less than those presently conducted with conventional aircraft operating at or be low 500 AG L in other industries. I n add iti on, the low-altitude operations of the sUAS will ensure separation between these sUAS operat ions and the operations of conventional a ircraft that must comply w ith Section 91.119 .



### 5.5 91.121 Altimeter Settings Extent of Relief §91.121 

### Rea s on for R e lief As the sUAS may not have a barometric alt im eter, but instead a GPS altitude read out, an exemption may be needed . 

### Equival e nt L e v e l of Safety An equiv alent leve l of safety w ill be ach i eved by the operato r , p ur s u a nt to t h e G O M and t h e Safety Check list , confirm ing the a ltitude of the launch s ite shown on the GPS altitude indicator before flight .



### 5.6 91.151, Fu e l requirements for fli g ht in VFR conditions. Ext e nt of R e li e f §9 1.1 5 1 , all provisions. 

### Reason for Relief The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS , includ ing todays longest endur ance platforms, are un able to meet th is requirement because of l imited max fli ght t im es .

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### Equivalent Level of Safety An equ i valent level of safety can be ach i eved by limiting flights for the sUAS according to the safety limitations described in the GOM. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhe re in its limited operating area .



### 5.7 91.405, 91.407 , 91.409, 91.417 Inspection and Maintenance Programs Extent of Relie f §§91.405 , Maintenance required; 91.407 , Operation after maintenance, preventive maintenance , re building , or alteration; 91.409 , Inspections; and 91.417 , Maintenance records. 

### R eas on for R e li e f The part 91 provis ions are not applicable to a sUAS of the de sc ribed weight class. Furthermore , FAA certified mechanics for sUAS do not at this present time exist , so full compliance is not possible . Th e s UAS flown are modular and as such entire components including engines and propell ers are minor replacements rather than major repairs . Finally , continuo u s minor a lte r at ions and payload reconfigurations of sUAS are designed and requir ed for the operation of sUAS and do not negatively impact airworthiness . 

### Equivalent Level of Safety Inspection and maintenance manual s are u se d to maintain the sUAS in airworthy condition . Each sUAS is maintained according to the manufacturer standard or higher by technicians profici ent in the building , r epair , and maint enance of the sUAS. Inspect ion and Maintenance manual s utilized contain all aircraft

- relevant items as described in (43 Appendix D (Scope and De tail of Items) . Finally , maintenance records are maintained in the Oper at ions Database ; either online on the Skyward Pl atform and are therefore immediate l y a udit able by regulators on demand, or as otherwise determined by Ozone. 

### 6 Public Interest Ozone believes that the enhanced safety ach ieve d u s ing a sU AS w ith the speci fications described in this petition and supporting documents and by carrying no passengers or crew, rather than a manned a ircraft of significantly greater proportions carrying crew in addition to flammable fuel , g ives the FAA good cause to find that the UAS operations en ab led by thi s exempt ion are in the public interest . 

### 7 Privacy All flight s will occur over private , limited, or r est ricted

- access areas with the prop erty owner 's prior consent and knowledge . O perations will be conducted by traine d crew and all other individuals will

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### 8 F e deral R eg ister Summary Pursuant to 1 4 C.F.R. Part 11 , the following summary is provided for pu bl ication in the Federal Register, s hould it be determined that publication is needed: Applicant see ks an e x emption from the following rules: 1 4 C.F.R. §2 1 , s ub part H ; 14 C .F.R 45.23(b);14 C.F.R. §§61.113( a) & (b), 61.133(a); 91.7 (a); 91.9 (b) (2); 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 sUAS f o r commercial use. 

### 9 Conclusion Ozone seeks this exemption to conduct comme rci al operations u sing sUAS within r estricted-access areas in the NAS . Without this exemptio n , sUAS innovation will be suppressed, the public eco nomi c benefits derived from increased sUAS development will be denied , and the Congressional directive to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and operational characteristics are com pli ant with those described in the FMRA a nd FAA's gu id ance for Sec 333 ex emptio n s. Ozone respectfully requests that the FAA g r ant its petition for exemption from airworthiness . Pl ease do not hesitate to contact Andrew McCollough, the Regulatory Services POC, via emai l at exemption @ skyward .io if you have any questions or concerns . Very Respectfully Yours ,
Michael Griffith Ozone Aerial & Media Pr oductions CEO

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### Y HELLOSIGN

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# 0 COMPLETED 11/25/15 00:52:30 UTC

11/25/15 01 :06:16 UTC

11/25/15 01 :07:13 UTC

11/25/15 01 :07:13 UTC 

## Audit Trail

Ozone Aerial Section 333 Exemption Petition for signature Ozone-Aeriai-Sect...r(2015-11-24).pdf f39fadb8a7b041 c6ece6f455abb3e61 b351 d7349 • Completed

Sent for signature to Michael Griffith (mgriffith@ozoneamp.com) IP: 108.83.246.67

Viewed by Michael Griffith (mgriffith@ozoneamp.com) IP: 68.4.201.128 Signed by Michael Griffith (mgriffith@ozoneamp.com) IP: 68.4.201.128

The document has been completed.