Max Jessurun

GRNSL@aol.com

April 13th, 2015

U. S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC20590

Re: Exemption Request Section 333 ofthe FAAReformAct and Part 11 ofthe FederalAviation Regulations from: 14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 91.9(b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAAModernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Max Jessurun, operator of Small UnmannedAircraft Systems (“sUASs”) equipped to conduct aerial videography and photographyforthe motion picture, television, and commercial videography industry forclosed setfilming, hereby applies foran exemption from the listed FederalAviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAAas required by Section 333. As described more fully below, the requested exemption would permit the operation ofsmall, unmanned and relatively inexpensive sUAS under controlled conditions in the NAS that is 1) limited 2) predetermined 3) controlled as to access. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation’s (the FAAAdministrator’s) responsibilities to “...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system.” Section 333(c) ofthe Reform Act.

The name and address of the applicantis:

Max Jessurun
Ph: (954) 292

-0022 Email:GRNSL@aol.com Address: 17073 SW 52st Miramar, FL 33027



### 1Regulations from which the exemption isrequested:

14 CFR Part21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)
This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 ofthe ReformAct. In making this determination, the Secretary is required to determine which types of sUASs do not create a hazard to users ofthe NAS or the public or pose a threat to national security in light ofthe following:

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

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

• Operation of the sUAS within visual line of sight of theoperator. Reform Act § 333 (a). Lastly, ifthe Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system.” Id. §333(c) (emphasis added). The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 oftheAct, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. TheAdministrator may grant an exemption from a requirement ofa regulation prescribed undersubsection (a) or (b) ofthis section or any sections 44702

-44716 ofthis title iftheAdministratorfinds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Max Jessurun owns a DJI 1 inspire sUASs rotorcraft, weighting 55 orfewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. Theywill operate only in line ofsight and will operate only within a predetermined and closed off property area underthe permission ofthe property representative

. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public. Such operations will insure that the sUAS will “not create a hazard to users ofthe national airspace system orthe public” as perthe Reform Act Section 333 (b).Given the small size ofthe sUASs involved and the restricted sterile environment within which they will

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASsto commence immediately. Also due to the size ofthe sUASs and the restricted areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given theclear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing sUASs for movie and commercial videography operations, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests thatthe FAAgrantthe requested exemption withoutdelay. AIRCRAFT AND EQUIVALENT LEVEL OFSAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level ofsafety to operations underthe current regulatory structure because the proposed operations are conducted on closed off property underthe permission ofthe property owner or property representative. These limitations and conditions to which Max Jessurun agrees to be bound when conducting commercial operations underan FAAissued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/orobserver. 3. Maximum total flight time for each operational flightwill be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of no more than 400 feetAGL or, not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist ofthe sUAS Pilot, and the Visual Observer. 6. sUAS Pilotwill be Pilot in Command (PIC). Ifthe PIC deems another operatorto 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 of flight time with the sUAS. 7. Flights will be operated at a lateral distance of at least 50 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation orwho have not signed a waiver in advance of the operation. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production activities. Itwill be mandatory that all personnel involved with the operational duties of the flight within the boundaries of the safety perimeter be present for thisbriefing. 9. The operatorwill file an FAAForm 7711

-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate local Flight Standards DistrictOffice.



### 310. The operatorwill obtain the consent ofall persons involved in the filming and ensure that

only consenting persons will be allowed within 100 feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level ofsafety determination. With the advanced permission of the relevant FSDO, operations at closer range can beapproved 11. The operator will file an FAA Form 7711

-1, or its equivalent, as modified in light of the requested exemption, with the Flight Standards District Office ("FSDO"). 12.Pilot and observerwill have been trained in operation ofsUAS generally and received up-to

-date information on the particular sUAS to be operated. 13. The pilot Max Jessurun holds an FAA Commercial pilots license airplane single & multiengine land; instrument airplane type rated in Citation and 500 Dash

-8 with current second class 2 medical certificate.
14.Observer and pilotwill at all times be able to communicate by voice, radio, and/ortext. 15.Written and/ororal permission from the relevant property holders or property representatives will be obtained. 16.All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, orotherappropriate governmental agencies. 17.Ifthe sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre-determined location within the Security Perimeter and land autonomously. 18.The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

**14 C.F.R.**  **Part 21,**  **Subpart H:**  **Ai rworthiness**  **Certificates 14**  **C.F.R. §91.203**  **(a) (1)**  Subpart H, entitledAirworthiness Certificates, establishes the procedural requirements forthe 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 theApplicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, thana conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditionsproposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe 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 FAAwill have advance notice ofall operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree ofsafety 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 isno credible threat to national security posed by the sUAS, due to its size, speed ofoperation, location of operation, lack ofexplosive materials orflammable liquid fuels, and inability to carry a substantial external load. **14 C.F.R.**  **§ 45.23 (b). Marking of the Ai** **rcraft** The regulation requires:



### 4When marks include only the Roman capital letter "N" and the registration number is displayed on limited,

restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

-sport," "experimental," or "provisional," asapplicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size ofthe sUAV, two

-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29(f). The equivalent level ofsafety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification ofthe sUAS as “Experimental.” The FAAhas issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 C.F.R.**  **§ 61.113**  **(a) &**  **(b): Private**  **Pilot Privileges**  **and Limitations:**  **Pilot in**  **Command.** Sections 61.113 (a) & (b) limit private pilots to non-commercial operations

**.** Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have no less than 40 hours offlight time with the sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance. **14 C.F.R.**  **§91.7(a): Civil aircraft airw** **orthiness.** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety check lists priorto each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided. **14 C.F.R.**  **§ 91.9**  **(b) (2):**  **Civil Aircraft**  **Flight Ma** **nual in**  **the Ai** **rcraft.** Section 91.9 (b) (2) provides: No person may operate a U.S.

-registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combinationthereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on theaircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAAhas issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R.**  **§ 91.103: Preflight action**  This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAAapproved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. **14 C.F.R.**  **§91.109: Flight instruction** :



### 5Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is

being used forflight instruction unless that aircraft has fullyfunctioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fullyfunctional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft viaradio communications. The FAAhas approved exemptions forflighttraining withoutfullyfunctional dual controls for a number ofaircraft and forflight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. **14 C.F.R.**  **§91.119: Mi** **nimum safe altitudes**  Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA.As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higherthan 400AGLwith the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feetAGL, the sUAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flightwill be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500AGL in the movie industry. In addition, the low

-altitude operations ofthe sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section91.119. **14 C.F.R.**  **§91.121 A ltimeter** **Settings** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set “...to the elevation ofthe departure airport oran appropriate altimetersetting available before departure.”As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafetywill be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. **14 C.F.R.**  **§ 91.151(a): Fuel Requirements for Flight in VFR** **Conditions** Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane underVFR conditions unless (considering wind and forecastweather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly afterthatfor at least 30 minutes; or (2)At night, to fly afterthatfor at least 45 minutes.” The battery powering the sUAS provides approximately 30 minutes of powered flight. Tomeet the30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame forflight in daylight ortwilightVFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or


### 6official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel,

does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utilityfor which the exemption will begranted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power

—whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similarexemptions have been granted to otheroperations, including Exemptions 2689F, 5745, 10673, and 10808. **14 C.F.R.**  **§91.203 (a)**  **and (b):**  **Carrying Civil**  **Aircraft Certification**  **and Registration**  The regulation provides in pertinentpart: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1)An appropriate and current airworthiness certificate. . .

. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers orcrew. The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAAhas issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 C.F.R.**  **§91.405 (a);**  **407 (a)**  **(1); 409**  **(a) (2);**  **417(a) &**  **(b): Maintenance**  **Inspections** These regulations require that an aircraft operator orowner “shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter...,” and others shall inspect or maintain the aircraft in compliance with Part43. Given that these section and Part 43 apply only to aircraftwith an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level ofsafetywill be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from nohigher than 400 feetAGL. The operatorwill ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in theAircraft OperationsManual. As provided in the Operations Manual, the operator will ensure that the sUAS is in working order priorto initiating flight and perform required maintenance needed. **Additional Views and Information**  Of the applicant, Max Jessurun has been involved in the building and piloting of remote controlled vehicles for more than 15 years. He has been an FAA certified Commercial Pilotsince 1985 and accumulated over 8000 hours offlighttime flying for the Department of Homeland Security; Customs and Border Protection. He has flown over 12 different airframes the last of which have been Captain with type rating for Cessna Citation 500 and Dash

-8 300 series. He is a retired US Customs and Border Protection Pilot with 30 years of Government service.



### 7Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in motion picture, television, and commercial videography operations. Approval of exemptions allowing commercial operations of sUASs in the film industry will enhancesafety by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low altitudesjust feet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with vehicles thatweigh in the neighborhood of4,000lbs., carrying large amounts ofjetAorotherfuel (140 gallons forjet helicopters.) Such aircraft mustfly to and from the film location. In contrast, a sUAS weighing fewerthan 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried to the film set. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraftflights. The operation ofsmall UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground but under400 feetAGL, and in a sterile environment and, as a result, are far saferthan conventional flight operations conducted with turbine helicopters operating in close proximity to the ground and people. **Privacy** All flights will occur over private or controlled access propertywith the property representative or owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. All flights will occur in accordance with any state or local laws regarding privacy. Satisfaction ofthe criteria provided in Section 333 ofthe ReformAct of2012

--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

– provide more than adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofapplicant’s sUAS in the motion picture, television, and commercial videography industry.

Sincerely,

Max Jessurun sUAS Pilot/Operator