Gold Creek Films, Inc. 15463 Copper Street Mission Hills, CA 91345 8 18

- 522

- 7904

U.S. Department of Transportation Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Avenue, SE. Washington, DC 20590

October 15 , 2015

**Re: Petition for Exemption 14 CFR 11.81**  **Company: Gold Creek Films, Inc.**

**14 CFR :**  **Exemption for Section 333:** As of March 23, 2015, the FAA automaticall y grant s a "blanket" COA for flights at or below 200 feet to an y UAS operator with a Section 333 exemption, provided the aircraft weighs less than 55 pounds, operations are conducted during day time Visual Flight Rules (VFR) conditions and within visual line of sight (VLOS) of the pilots, and stay certain distances away

from airports or heliports. Such is the nature of our Request for Exemption.

**The extent of exemption**  **relief we seek:** Sec 333 prohibits the use of a UAS for commercial purposes on private property. I am the
owner of Gold Creek Films, Inc. , and am simply petitioning for an exemption to provide a commercial service to private land owners and companies who wish to obtain and capture Aerial photos and videos of said property for purposes including real estate listings , and for use as a marketing tool for businesses. Iwould like to be able to accept pay ment for these services therefore making this a commercial use of a UAS.

**About Our Company:**  Gold Creek Films, Inc. of L os Angeles, California, has been in business since 2008, and p rovides video production services. Its division , Gold Creek Corporate Films , provide s Real Estate video services which include aerial drone (UAS

- Unmanned Aircraft Sy stem) video. We would like an exemption for those commercial services. In addition we use UAS for inclusion in Documentaries , Industrial or Corporate Videos for clients as wel l as video such as landscapes to be sold for stock video.**Aerial photography under the current blanket COA:**

We maintain a professional approach to an y situation and will provide a “safety first” attitude during the flight route. In our case we have a s eparate pilot remote as well as an additional remote to control a camera. Line of sight will never be obstructed and will abide b y all rules of un

- manned flight vehicles including a safe distance from airports as well as all flight pads or heliports.

**The drone is a DJI Phantom 3 Professional**  **:** (This is already approved by the FAA and thus we have not included the Manual ) Commercial operation of an UAS, as described herein, which are equipped with camera and sensors, would operate in the following manner:

• Aerial photograph y and/or video for public and/or private use including real estate and other related professional activities.

• Aerial video and/or photograph y for public and/or private u se including public and private events. As described fully

below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will provide safet y enhancements to the already safe operations in the industry

presentl y using conventional aircraft. Approval of this exemption would thereb y enhance safet y and fulfill the Secretary of Transportation responsibilities to “....establish requirements for the safe operation of such aircraft s ys tems in the national airspace sy stem .” The PHANTOM 3 is a quad

- copter with a gross weight of 2.8 pounds. It is equipped with four rotors that are driven by electric motors powered b y batteries. The UA has a maximum airspeed of 16 m/s. It will be operated over various metropolitan areas, pri marily around Los Angeles, California , to augment real estate listing videos, capture areal video and photography , and related business operations.
**UAS Operating Parameters :**  We will abide by

the following additional operating conditions under this exempt ion, which ensures a level of safet y at least equal to existing rules:

• operate UAS below 2 00 feet and within a radius distance of 1000 feet from the controller to aid in direct line of sight visual observation;

• obtain permission from the owner/controll er of any vessels, vehicles and structures when operations may be conducted closer than 500 feet to any such vessels, vehicles or structures; we will conduct a safety assessment of the risk of operating closer to those objects and determine that it does no t present an undue hazard;

• operate the UAS for 5

- 10 minutes per flight;

• land UAS prior to the manufacturer’s recommended minimum level of battery power;

• operate UAS during daylight hours onl y within visual line of sight (VLOS);• use the UAS’ global positioning sy stem (GPS) flight safet y feature whereby it

hovers and then slowl y lands if communication with the remote control pilot is lost;

• conduct all operations under the flight safety protocols (including posting a warning sign reading: “Attention Aerial Photography in Progress

– Remain Back 150 feet”) contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance safety protocols;

• contact respective airports if operatio ns will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information;

• alway s obtain all necessary permissions prior to operation; have procedures in place to abort flights in the event of safet y breaches or potential danger;

• only

operate in safe environments that are strictl y controlled, are away from power lines, elevated lights, airports and densel y populated areas (defined by areas depicted in “yellow” on VFR charts and through ob taining information regarding congested areas from the local Flight Standards District Office (FSDO);

• conduct extensive preflight inspections and protocols, during which safety carries primary importance (reference PHANTOM Flying Flow Chart and User Manu al). Regarding UAS operational training, we have flown numerous practice flights in remote areas as hobb yi sts simulating flights for future commercial use to gain familiarization with the characteristics of the UAS’ performance under different temperature and weather conditions.
**Operators:** Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS.
**Specific Exemptions Requested :**  Given the size, weight, speed, and limited operating area associated with the UA, we feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications req uired), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L . 112

- 95 (Section 333).
We request an exemption from § 45.23 Marking of the aircr aft because the UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the two

- inch lettering is difficult to place on such a small aircraft with dim ensions smaller than the minimal lettering requirement. Reg ardless of this, we can mark the UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that an yone will see the markings. We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an airworthiness certificate, since there is currentl y no certificate applicable to our operation, this regulation is inapplicable.We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a)

and (b) Maintenance inspections since they onl y apply to aircraft with an airworthiness certificate. However, as a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined in the attached operating documents.
We request an exempt ion from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board the aircraft and given its size, this regulation is inapplicable. We believe an equivalent level of safety will be achi eved by

maintaining a safety/ flight manual with the UAS ground station. We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain condi tions. We will not operate our UAS above the altitude of 300 feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to min imum safe altitudes.” Given the size, weight, maneuverability , and speed of the UAS, an equivalent or higher level of safety will be achieved. We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS utilizes electronic GPS with a barometric sensor. We request an exemption from § 91.151(a) Fuel requirement s for flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued

- per the operating documents, the UAV will be landed at the first alert. Also, our flights will last only 5

- 10 minutes each, and the UAS has an automated function, which results in immediate landing when a low battery is detected. The PI C will not begin a flight unless (considering wind and forecast weather conditions) there i s enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA with 30% battery

power remaining.

**Public Interest:** Aerial photograph y and videograph y for real estate and events are proven strategies to enhance marketing efforts and increase business success. The industry is not new. However, until recentl y i t was conducted through the use of costl y manned aircraft, a prohibitive business activity for small companies. By granting thi s exemption we would b e able to provide affordable services. Further, the small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize harm to the env ironment

. It will enhance economic growth by providing information to companies and the public looking to relocate or build in the metro areas we service.In addition the use of aerial cinematograph y via UAS provides a viewpoint for inclusion

in programming such as documentaries and corporate videos that help to enable viewers to understand a subject better. The capturing of such aerial film/video was formerl y often cost

- prohibitive and allows educational programming and corporate instructional/training/marketing videos to be produced at an affordable price, thus serving the public interest. Such programming contributes directly to the educational and economic health of the community and its citizens.

**Summary:** We will comply

with all of the following conditions and limitations should this exemption be provided: 1) Operations will be limited to the following aircraft described in the operating documents, which is a quad

- rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft Sy stem. 2) The UA will not be flown at an indicated airspeed exceeding 50 knots. 3) The UA will be operated at an altitude of no more than 2 00 feet above ground level (AGL), a ll altitudes reported to ATC must be in feet AGL. 4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PI C) at all times. 5) All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally

at al l times. The PI C will be designated before the flight and will not transfer his or her designation for the duration of the flight. The PI C will ensure that the VO can perform the functions prescribed in the operating documents. 6) The operating documents w ill be accessible during UAS operations and made available to the Administrator upon request. An y revisions to the operating documents will be presented to the Administrator upon request. 7) Prior to each flight, the PIC will inspect the UAS to ensure it i s in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. T he Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properl y documented in the aircraft records. 8) Any

UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the aircraft records. 9) The pre

- flight inspection section in the operating documents will account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.11) We will carry out maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service. 12) Each UAS operated will comply with all manufacturer Safet y Bulletins. 13) An authorized person will make an entry in the aircraft record o f the corrective action taken against discrepancies discovered between inspections. 14 ) Prior to operations conducted for the purpose of aerial videograph y /photography and similar operations, the PI C will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in operations. The PIC will accomplish 3 take

- offs an d landings in the preceding 90 day s. 15 ) The PI C will not operate the UAS for the purpose of ae rial videograph y/

photography , unless the PIC has demonstrated the ability to safel y operate the UAS in a manner consistent with the operating documents, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels,
v ehicles and structures. 16 ) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be conducted under visual meteorological conditions (VMC). 17 ) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart. 18 ) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 19 ) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 20 ) The PI C will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 21 ) The PI C will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 30% battery power remaining. 22 ) So long as our compliance is required, w e will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations, and also request a Notice to Air

- man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prio r to the operation. 23 ) Before conducting operations, the radio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commission (FCC)
or other appropriate government oversight agency requirements. 24 ) The documents required under 14 CFR 91.9 and 91.203 will be available to the PI C at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or an y l aw enforcement official upon request. 25 ) The UA will remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 26 ) The UAS will not be operated b y the PIC from any moving device or vehicle. 27 ) The UA will not be operated over congested or densely populated areas.28 ) All operations will be conducted over private or controlled

- access propert y with

permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 29 ) Any

incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y the applicabl e COA will be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb .gov

. **General Safety Precautions and Warnings we**  **intend to f ollow:**  • Alway s keep a safe distance in all directions around your model to avoid collisions or injury . This model is controlled by a radio signal subject to interference from man y sources outside your control. Interference can cause momentary loss of control. • Alway s operate your model in open spaces away from full

- siz e vehicles, traffi c and people. • Alway s carefull y follow the directions and warnings for this and an y optional support equipment (chargers, rechargeable battery packs, etc.). • Alway s keep all chemicals, small parts and anything electrical out of the reach of children. • Alway s avoid water exposure to all equipment not specifi call y designed and protected f

or this purpose. Moisture causes damage to electronics. • Never place an y portion of the model in your mouth as it could cause serious injury or even death. • Never operate your model with low transmitter batteries. • Alway s keep aircraft in sight and unde r control. • Alway s move the throttle fully down at rotor strike. • Alway s use full y charged batteries. • Alway s keep transmitter powered on while aircraft is powered. • Alway s remove batteries before disassembly • Alway s keep moving parts clean. • Alway s keep parts dry

. • Alway s let parts cool after use before touching. • Alway s remove batteries after use. • Never operate aircraft with damaged wiring. • Never touch moving parts.**A summary we can publish in the Federal Register:**

I, Ted Faye, owner of GOLD CREEK FILMS, INC. , am seeking an exemption of the FAA’s Sec 333 rules that does not allow the use of an Unmanned Aircraft to be used fo r Commercial purposes with regard to National Airspace Safet y. I am simply petitioning for an exempti on to provide a commercial service to private land owners and companies who wish to obtain and capture Aerial photos and videos of said property for purposes including real estate listings, and for use as a marketing tool for businesses and for inclusion i n documentary, industrial, corporate marketing, and training videos

. Because of m y man y ye ars of responsible business practices, having complied with all state and federal regulations for over 20 ye ars as a business owner and entrepreneur, I would be a go od candidate for exemption of Sec 333 , and because of m y general knowledge of the aviation guidelines as I have reviewed them and m y own corporate responsibility

and safet y standards

. We would not be flying near disaster areas, sporting events, or high traffic areas including airports, and Iwould pay attention to NOTAMS. Finally , Ihave no intention of using this exemption outside of the United States

.
I appreciate the FAA’s consideration of this petition for exemption. If you have questions or need additional information, please contact me at :
Attn: Ted Faye Gold Creek Films , Inc. 818

- 522

- 7904 ted@goldcreekfilms.com