Date: November 22, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE SE Washington, DC 20590 RE: Exemption request Pursuant to Section 333 of the FAA Reform Act
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, Flyby Digital Media , operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 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 333.1 As descr ibed below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would al low Flyby Digital Media to conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Flyby Digital Media is a media/technology co mpany that plans to utilize Unmanned Aerial Systems to offer a mu ltitude of services, including; Event photography and videography, aerial surveying, real estate photography, aerial film making and photography, construction site inspection and photography, agriculture uses, and educational and research operations. 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 th at the FAA “shall determine if certain unmanned aircraft systems may operate safely i n the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guid ance required by sectio n 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provi des a mechanism for “expedited operation authorization” if several factors are met. Petiti oner meets all requirements to permit FAA approval of co mmercial UAS operations. The name and address of the applicant is: Flyby Digital Media Attn: Joseph Miller Phone: 419

- 265

-0296 E

- mail: joe@flybydigital.com Address: 625 Eckel Rd. Perrysburg, OH 43551Regul ations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417) **Unmanned Aircraft Systems** sUAVs are viewed by many as having a much smaller environmental impact than other means of aerial photography and data collection w. ch promotes public safety. We are petitioning for exemption to enable Flyby Digital Media to operate a DJI Phantom 3 Professional. This sUAV has a built in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from restricted airspace and no fly zones. The Phantom 3 Professional also has a built in failsafe function that will automatically return the aircraft to it’s take

-off position and land safely, in the event communication is interrupted with t he controller. Flyby Digital Media will only operate its sUAS in line of si ght of a pilot and/or observer and will operate at sites that are a sufficient distance from popu lated areas within the sterile area described in the FOPM. Such operations will in sure that the sUAS will not create a hazard to users of the national airspace system or the public. When flying sUAV within 5 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proxi mity of full

-scale aircraft. Maximum flight time for ea ch operational flight will be 2 5 minutes. Flights will be terminated at 25% battery power reserve s hould that occur prior to the 25 minute limit. The sUAV will be programmed so that it will not be operated at an altitud e of no more than 400 feet AGL, and not more than 200 feet a bove an elevated platform from which filming is planned. Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. sUAS pilot will be Pilot In Command (PIC). If the PIC deems another operator to be qualified with the necessary skills to be PIC, that person can also be designated as PIC provided they have a minimum of 40 hours flight time with the sUAS. The observer designated for any operation w ill have at least 40 hours of flight experience and observation operating the sUAS listed. The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).The sUAV will operate at speeds of no more tha n 25 knots, can hover, and can simultaneously move vertically

and horizontally. Given the small size of the sUAS and the restricted st erile environment within which they will operate, our sUAS operations adh ere to the Reform Act's safety requirements. The DJI Phantom 3 Professional , powered by batteries, is smaller, lighter and more maneuverable than l arger aircraft running on combustible fuel, it operates at lower altitudes wi th no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 20 minutes, this offers no risk to national security. Low level photos and video s from several angles are far more effective than ground based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. Previous means of aerial photography have been achieved by helicopter or airplane, which is much more costly than the new technology offered by sUAS’s. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit many buye rs and sellers of real property, as well as have economic benefits. Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, includin g fire fighters and police, while remaining subject to all limitations cited in this application as we do so.

- No flight will be made with a Gross weight exceeding 55 pounds;

- 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;

- 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;

- Operations will be restricted to flights over private property with the permission of the property owner;

- All required permits will be obtained from state and local government prior to operation;

- Flyby Digital Media will not be operat e over densely populated areas;

- Flyby Digital Media will not be operating over any open

-air assembly of people;

- Flyby Digital Media will not be operating over heavily trafficked roads;

- Flyby D igital Media will not be operating within 5 NM of an airport or heliport; Flyby Digital Media respectfully request exemption under Section 333 to enable us to operate efficient, limited, low

- risk commercial sUAV operations for the activities stated respe cting at all times the space and privacy of citizens and property while keeping our skies safe. EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Flyby Digital Media requests an exemption from the follow ing regulations as well as any additional regulation s that may technically apply to the operation of the sUAV System: **14 CFR Part 21, Airworthiness Certificates**Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 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 equivalent 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 consideration of the size, weight, speed, operational cap ability, 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 be 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. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhan cements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree 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 national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materi als or flammable liquid fuels, and inability to carry a substantial external load. **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 registratio n number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIME NTAL" 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" ca n be placed, and may not have a registration number assigned to it by the FAA. We propose providing an equivalent level of safety by marking the sUAS on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions No. 10700, 8738, 10167 and 10167A. **14 CFR 61.113 Private pilot privileges and limitation s: Pilot in Command and 61.133.**  **Com mercial pilot**  **privileges and limitations.** The regulation provides that no person that holds a Private Pilot c ertificate 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 empl oyment if: (1) The flight is only incidental to that business or employment; and ( 2) The aircraft does not carry passengers or property for compensation or hire. Our proposed o perations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this applica tion is to conduct a business. 14 CFR 91.7 Prohibits the Operation of an aircraft without a n airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. **14 CFR 91.9 Civil aircraft flight manual, marking, and plac** **e c ard 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 i s to ensure that flight manual information is available t o the air crew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too sma ll 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 acurrent, 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 in strument flight and certain flight tests t he regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground

- based control station co nsists of a small hand

- held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and w ill, operate the single set of controls simultaneously. With both student and instructor having "hands

-on" the controls during flight, we feel that this technique meets the intent 91.109 and p rovides an equivalent level of safety. **91.119 Minimum safe altitudes:** The regulation state s that over sparsely populated areas the aircraft cannot be operated closer than 5 00 feet to a ny 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 wi ll only be flown over property or persons where permission has been obtained and careful pre - planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing with out undue hazard to persons o r property on the surface. Therefore we maintain that due to the sma ll size of the UAS, the hazard to persons, vehicles and structures is minimal compared to ma nned aircraft, which should be considered in granting the exemption. **CFR 91.121 Altimeter setti ngs.**  The regulation requires that ai rcraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in orde r to prevent conflict with other aircraft. An Above Ground Level a ltimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.
**14 CFR 91.151 Fuel requirements for flight in VFR conditions.**  The regulation provides that no person may begin a fligh t in an airplane under day

-vFR conditions unless there is enough fuel to fly to the first point of int ended landing and to fly after that fo r at least 30 minutes. We feel the intention of this paragraph is to p rovide an energy reserve as a safety buffer for delays to landing. The sUAV is ba ttery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3f4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy req uirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalen t interpretation with the word "energy". **14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.** The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration ce rtificate must be aboa rd the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "dis played at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maxim um gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have an e ntrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co - located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the informat ion found on airworthiness and registration certificates be permanently affixed to the aircraft via pl acard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. **14 CFR Subpart E (91.401**
**- 91.417)** 
**- Maintenance, Preventive Maintenance, Alterations** The regulation provides that the o perator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 43 . Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that t he PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircra ft for return to service." The PIC will ensure that the aircraft is in an airworthy condition pri or t o every flight and in addition conduct detailed inspections after every two hours of flight. Ma intenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checkin g electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facili ty. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. **Safety and**  **Economic Benefits of the UAS**  Flyby Digital Media will be using the UAS to complete tasks that once required significantly larger manned aircraft carrying crew and flammable fuel. The benefit of a UAS makes aerial photography and video available to small businesses and individuals that were previously unable to afford these services. UAS benefits eliminate emissions caused by combustion engines and do not jeopardize safety of passengers or crew. By granting Flyby Digital Media’s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operatio ns and will advance the public knowledge base for such operations. We are committed to promoting the UAS re search efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a re source for future UAS research operations. Thus, the FAA has good cause to grant this Petition. As pointed out in this application, all the SUAs whic h 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 loca tion with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized eac h flight within a radius of this distance. All of our SUAs have prove n capability for controlled flight. They a re 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 La w 112

-95, 2014, have already provided you with the assurance s on the airworthiness of SUAs such as ours.

Sincerely,

Joseph Miller Flyby Digital Media www.flybydigital.com joe@flybydigital.com phone: 419

- 265

-0296