# DroneForce Studios LLC 1422 Kyle Hill Lane Sugar Land, Texas 77479  Phone: 832

- 278

- 9741 E

-Mail: admin@droneforcestudios.com Web: www.droneforcestudios.com



### Date: 4/16/15 United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590 Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam: We are writing pursuant to the FAA Modernization and Reform Act of 2012 (the "Reform Act") and the procedures contained in 14 C.F.R. 11, to reques t that DroneForce Studios LLC, an owner and operator of small unmanned aircraft, be exempted fro m the Federal Aviation Regulations ("FARs") listed below so that DroneForce Studios, may operate its small unmanned aircraft I lightweight unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"); as 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. The conditions identified and proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8

-Issue a Certificate of Waiver for Motion Picture and Television Filming. As identified and described herein, Zainil Kadiwal, and his company DroneForce Studios, is an experienced, recognized veteran in the cinematography and photography industry. M r. Kadiwal and his previous production experience have been producing and delivering great and unmatched quality videos.. Mr. Kadiwal has also been an avid R/C model flyer for over eight (8) years. Mr. Kadiwal has had extensive production service contracts with many entertainment multi

-media conglomerates. DroneForce Studios has been actively involved in the technical development of UAS/UAV service applications to provide high definition film quality by aerial cinematography with small, unmanned aircraft an d lightweight UAS . It is currently one of the very few companies that is developing advanced technical applications and abilities for future commercial service applications. DroneForce Studios has fully equipped each of its small unmanned aircraft for aeri al photography and cinematography, primarily for use in the television broadcast industry, though given their stability and maneuverability, they may be used for other cinematography, by law enforcement personnel, search and rescue and by other first respo nders. To date, DroneForce Studios has rejected all offers to work with film, television, commercial television production companies and directors on locations within the United States, to ensure it is in compliance with any applicable FARs. It, like other applicants, has done so despite Judge Patrick G. Geraghty's decision in the Raphael Pirker matter and his reasoning that no FARs prohibit the use of small unman ned aircraft or lightweight UAS like those flown by other peer companies. DroneForce Studios ex emption request would permit its operation of2 lightweight, unmanned (remotely c ontrolled in line of sight) UAS in tightly controlled and limited airspace. Predetermined, specifically marked areas of operation, cordoned off locations and corresponding enhan cements to current safety controls will allow DroneForce Studios to operate within current safety parameters and new ones being implemented. As identified, similar lightweight, remote controlled UAS are legally operated by amateurs with no flight experienc e, safety plan or controls in place to prevent catastrophe. DroneForce Studios is developing a state

- of

-theart client website application to monitor, evaluate and implement all aerial cinematography activities with a pre

-flight safety and flight plan syste m. Granting DroneForce Studios request comports with the Secretary of Transportation's (FAA Administrator's) responsibil ities to not only integrate UAS into the national airspace system, but to " ... establish requirements for the safe operation of suc h aircraft systems [UAS ] in the national airspace system" under Section 333(c) of the Reform Act. Further, DroneForce Studios will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA. DroneForce Studi os respectfully requests the grant of an exemption allowing it to operate ligh tweight, remote controlled UAS . The Specific Sections of Title 14 of the Code of Federal Regulations, DroneForce Studios. Equipment: (UAS) DJI Inspire 1 Requests Exemption are: 1 4 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)(1); 14 CFR 409 (a)(2); and, 14 CFR 417 (a) & (b). Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R . 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). The Extent of Relief DroneForce Studios Seeks and the Reason It Seeks Such Relief: DroneForce Studios submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent DroneForce Studios contemplated commercial cinematic, research and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. DroneForce Studio s lightweight UAS meet the definition of "small unmanned aircraft" as defmed in Section 331 and therefore the integration of DroneForce Studios lightweight UAS are expressly contemplated by the Reform Act. DroneForce Studios would like to operate its light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UAS that may operate safely in our national airspace system. Consideratio ns include: The weight, size, speed and overall capabilities of the Dji Inspire 1 ; Whether the UAS will be operated near airports or populated areas; and, Whether the UAS will be operated by line of sight.112 P.L. 95 § 333 (a). Each3 of these items militates in favor of an exemption for DroneForce Studios

. DroneForce Studios UAS utilize s four counter
-rotating propellers for extreme balance, control and stabili ty. They each weigh less than 25 pounds, including cinematic or other equipment. Each of DroneForce Studios small unmanned aircraft are designed to primarily hover in place and oper ate at less than a 35 knot maximum speed. They are capable of vertical and horizontal operations but operate only within the line of sight of the remote control pilot. In addition to the remote control pilot, DroneForce Studios uses a spotter and a technic ian, such that, at minimum, three DroneForce Studios personnel govern the safe flight of an DroneForce Studios aircraft at all times. Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes DroneForce Studi os does not operate its UAS wit h less than twenty five percent battery capacity. Safety systems in place include a GPS mode that allows DroneForce Studios UAS to hover in place if communication with the radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. Further, DroneForce Studios Dji Inspire 1 is programmed, in some instances, to slowly follow a predetermined set of waypoints to return to a safety point if communications are lost. DroneForce Studios does no t operate its UAS near airports and generally does not operate them near populated areas. The UAS operating software and GPS navigation systems do not allow any of the DroneForce Studios UAS vehicles to operate near airports or restricted fly zones. The failsafe software will disable the UAS vehicles from taking off and also limit the UAS systems from operating within specific GPS preset no

-fly zones. To date, DroneForce Studios has only operated its fleet on private sets, cordoned off areas and areas under the control of DroneForce Studios clients. DroneForc e Studios only operates its UAS in predetermined areas and only in compliance with well regarded safety protocols such as those contained within the well established and commonly known Motion Picture and Television Operations Manual. DroneForce Studios operation of its Dji Inspire 1 of small unmanned aircraft will not "create a hazard to users of the national airspace system or the public." 112 P.L. 95 § 333 (b). Given the small size and weight of DroneFo rce Studios UASs, combined with their operation in cordoned off and well

- controlled areas, DroneForce Studios Dji Inspire 1 falls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS into the national airspace system. Indeed, DroneForce Studios UAS have a demonstrable safety record and do not pose any threat to the general public or national security. The FAA has the authority to issue the exemption to DroneForce Studios pursuant to t he Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). Commercial and Public Benefits Granting DroneForce Studios exemption request furthers the public interest. First, Congress has already pronounced that it is in the public's interest to i ntegrate commercially flown UAS into the national airspace system, hence the passing of the Reform Act. Second, DroneForce Studios conducts research into safe UAS operations every time it flies one of its UAS . Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing DroneForce Studios to log more flight time directly relates to its research and its ability to further enhance current safety measures. Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters. DroneForce Studios UAS are battery powered and create no emissions. If an DroneForce Studios UAS crashes there is no fuel to ignite and explode. The impact of DroneForce Studios lightweight UAS is far less than a full size helicopter, notwithstanding4 the statistically noteworthy safety record of full size helicopters used in motion picture capture. The public's interest is furthered by minimizing ecological and crash impacts by permitting motion picture capture through DroneForce Studios lightweight UAS . Progression of the arts and sciences has been fundamental to our society since its inclusion in the United States Constituti on. Indeed, Congress mandated the integration of UASs into our national airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. Permitting DroneForce Studios to immediately fly within the United States furthers these goa ls. Whether it is the amalgam of scientific discoveries applicable to feature film making (including those drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipm ent available to law enforcement personnel I first responders that does not cost millions of dollars, granting DroneForce Studios exemption request substantially furthers the public's interest in ways known and currently unknown.

Reasons Why DroneForce Studios Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: DroneForce Studios exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra, permitti ng DroneForce Studios to log more flight time in FAA controlled airspace will allow DroneForce Studios to innovate and implement new and as of yet undiscovered safety protocols. In addition, DroneForce Studios submits the following representations of enhan cements to current aerial motion picture capture techniques:

 DroneForce Studios UAS weigh less than 25 pounds complete

 DroneForce Studios only operates its UAS below 300 feet;

 DroneForce Studios UAS only operate for 5

- 25 minutes per flight;

 DroneForce Studios lands its UAS when they reach 25% battery power;

 DroneForce Studios remote control pilots operate DroneForce Studios UAS by line of sight;

 DroneForce Studios remote control pilots have video backup should they somehow lose sight of the UAS

 DroneForce Studios staffs each flight with a remote control pilot, technician and spotter with communication systems enabling real time communication between them;5

 DroneForce Studios UASs have GPS flight modes whereby they hover and then slowly land if communicati on with the remote control pilot is lost or battery power is below25%;

 DroneForce Studios actively analyses electronic flight data and other sources of information to constantly update and enhance safety protocols;

 DroneForce Studios only operates in secur ed areas that are strictly controlled, are away from airports and populated areas;

 DroneForce Studios conducts extensive briefings prior to flight, during which safety carries primary importance;

DroneForce Studios always obtains all necessary permissions and permits prior to operation; and, DroneForce Studios has procedures in place to abort flights in the event of safety breaches or potential danger. DroneForce Studios provides a level of safety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is important to note that absent th e integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial motion picture capture. While the safety record of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. First, the potential loss of life is diminished because UAS carry no people on board and DroneForce Studios only operates them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly dimini shed. Third, the small size and extreme maneuverability of DroneForce Studios UAS allow our remote control pilots to avoid hazards. Lastly, given their small size and weight, even when close enough to capture amazing images, DroneForce Studios UAS need not be so close to the objects they are focused on. Accordingly, DroneForce Studios UAS have operated and will continue to operate at and above current safety levels. A Summary The FAA May Publish in the Federal Register: 

### A

. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight and enclosed op erational area of DroneForce Studios UAS permits exemption from Part 21 because DroneForce6

Studios UAS meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislatio n permit the FAA to exempt UAS from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability
and proximity to areas such as airports and dense populations. DroneForce Studios UAS meet or exceed each of the elements. 14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. A n equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as DroneForce Studios UAS utilize electronic global positioning systems and internal gyroscopes to provide spatial coordination. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at the DroneForce Studios flight operations center.



### B

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

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. DroneForce Studios UAS are, by definition, unmanned. They therefore do not hav e a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

-inch lettering is difficult to place on such small aircraft. Regardless, DroneForce Studios will mark its UASs in the largest possible lettering on its fuselage as required by 14 C.F.R. §45.29 (f) so that the pilot, technician, spotter and others working with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.



### C

. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.7

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. DroneForce Studios can achieve an equivalent level of safety as achieved by current Regulations bec ause DroneForce Studios UAS do not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills, though DroneForce Studios pilot vetting and training programs will. Further, private pilot licensees will operate DroneForce Studios UAS with the same skill. Further, the risks attendant to the operation of DroneForce Studios UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing Drone Force Studios to operate its UASs with a private pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).



### D

. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. DroneForce Studios UAS will never operate at an altitude greater than 3 00 AGL. DroneForce Studios will, however, operate its UASs in cordoned off ar eas with security perimeters, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of DroneForce Studios UAS, an equivalent level of safety will be achieved. 

### E

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

- cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E of this part and shal l between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter." These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore , apply to DroneForce Studios should its requested exemption be granted. DroneForce Studios conducts an extensive maintenance program that involves regular software updates and constant inspection for assessment of any damaged hardware. Therefore, an equiv alent level of safety will be achieved. DroneForce Studios has researched and developed its own designs.



### Summary8

DroneForce Studios seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 1 4 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R. § 91. 409 (a)(2); 14 C.P.R. § 91.409 (a)(2); and, 14 C.P.R. §§ 91.417 (a) & (b) to commercially operate its fleet of small unmanned vehicles and lightweight unmanned aircraft vehicles in motion picture or television operations, to conduct its own research and to develop economic platforms for law enforcement I first responders, search and rescue. Granting DroneForce Studios request for exemption will reduce current risk levels and thereby enhance safety. Currently, motion picture image capture relies primarily on the use of larger aircraft running on combustible fuel. DroneForce Studios craft do not contain potentially explosive fuel, are smaller, lighter and more maneuverable than conventional motion picture aircraft. Further, DroneForce Studios operates at lower altitudes and in controlled airspace. DroneForce Studios has been analyzing flight data and other information in compiling novel safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods of saf e flight. There are no people on board DroneForce Studios UAS and therefore the likelihood of death or serious bodily injury is significantly limited DroneForce Studios operation of its UAS , weighting less than 25 pounds and traveling at speeds lower than 35 knots in cordoned off areas will provide at least an equivalent level of safety as that achieved under current FARs. DroneForce Studios respectfully requests that the FAA grant its exemption request without delay. The FAA has the authority to issue the exemption sought by DroneForce Studios pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

Zainil M Kadiwal, CEO DroneForce Studios, LLC. 1422 Kyle Hill Lane Sugar Land, TX 7747991011

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