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**FutureSky Film Solutions** 12 Lark Street Washingtonville, NY 10992 908

-456

-4744 info@futureskyfilmsolutions.com
U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

August 12, 2015

RE: FutureSky Film Solutions Exemption Request Pursuant to Section 333 of the FAA Reform Act an d Part 11 of the Fed eral Aviation Regulations from : 14 CFR 61.3; 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.119(b) and (c); 14 CFR 91.121; 14 CFR 91.151 (a) (1) and (b) ; 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91 .409(a)(1) and (2); 14 CFR 91.417(a) and (b) concerning commercial operation of Unmanned Aircraft Systems.

To Whom It May Concern,

Pursuant to Section 333 of the FAA Moder nization and Reform Act of 2012, FutureSky Film Solutions (referred to as Petitioner) , herby applies for an exemption from the listed Federal Aviation Regulations to allow operations of a commercial Unmanned Aircraft System (UAS). All proposed operations will be conducted under the conditions outlined in this petition or set forth by the FAA by Section 333.
**Background:** The Petitioner is a sole proprietorship offering film solutions to public and private groups. Services offered include GIS mapping, thermal imaging for search and rescue, disaster damage assessment, architectural planning assessment, and public safety (fire and police) applications. FutureSky Film Solutions has maintained an impeccable safety record

. **Similar Exemptions :**  The following previously granted petitions are similar in all/or many material aspects: Exemption Nos. 11062, 11109, 11112 , 11213,
**Unmanned Aircraft System:** The Petitioner is proposing to use the CarbonCore Cortex Octocopter , CarbonCore Cortex Quadcopter and DJI Phantom 3 for their UAS operations. The Cortex airframe s are made of carbon fiber and weighs less than 10 pounds, completely assembled. The overall diameter of2

the Cortex is 1,200mm. The UAS will feature dual flight control redundancy capable of 256 waypoints, auto flight, auto land, hover lock, and return home features. The Cortex have the battery capacity for up to 30 minutes of uninterrupted flight and will only be flown until 25

- 30% of battery capacity remains

. The UAS will never be operated at a speed higher than 50 knots, and never higher than 400 ft. AGL. Before each flight, the UAS will be updated with failsafe landing locations for the specific operation; should the link be lost during flight the UAS will return safely to the predetermined location and land. Each UAS is equipped with smart hardware and software to ensure accurate f light and return home.

**UAS Operator** **:** The Petitioner currently has a single operator, with over 100 hours of training flight time. Each operator who will be in control of a UAS for the Petitioner in the future will undergo appropriate training and safety procedures. Each operator will accumulate a minimum of 25 hours of training time before operating the UAS in any commercial setting. Retraining will be conducted on a regular basis by the Petitioner in order to assure that qual ificati ons and skills are adequately m aintained by all operators

. **Operating Parameters:** The Petitioner has set forth th e following parameters for UAS operations. Before each flight of the UAS the operator will be responsible for checking weather conditions an d determining that safe operations may be conducted. The UAS shall always be inspected before conducting any operations

. The operator will be responsible for determining the airworthiness of the UAS by conducting preflight inspections per the Original Eq uipment Manufacturer (OEM) recommendations. If the preflight inspection, reveals any condition that may affect safe operations, the UAS will be grounded until proper maintenance and repairs have been made. All maintenance and alterations will be documented in the aircraft records.
Only trained personnel may act as the UAS operator

. The operator must be designated before the beginning any flight operations and cannot transfer that designation for the duration of any flight. Visual Line of Sight must be ma intained at all times by the operator . The UAS will not be operated any faster than 50 knots and shall n ever reach an altitude higher than 400 ft. AGL. The UAS shall not fly in wind conditions any greater than 20mph. Flight operations will always be conducted under VFR condi tions. The UAS will remain clear of and yield the right of way to all other manned vehicles regardless of size or weight. The UAS will never fly within 3 miles of an airport unless notified & cleared.

**Public Benefit**  Unmanned Aircraft system are a practical and safe platform to obtain aerial footage without the cost and dangers of operating helicopters

. UAS provide cost effective availability of advanced search, rescue and surveillance opportunities to a variety of commercial and public safety appl ications and stakeholders.3

**14 CFR 61.3 Requirements for Certificates, Ratings, and Authorizations 14 CFR**  **61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command** The P etitioner asserts that since the UAS will not carry a ny pilot or pa ssengers on board, the proposed operations will not adversely affect safety by requiring the operator in control of aircraft to have a pri vate pilot or a commercial pilot certificate, as long as they have knowledge of airmanship and possess the skills to o perate the UAS

. In support of its position , the P etitioner argues that, since there are no standards for either private or commercial UAS pilot certificates, knowledge of airspace regulations and dexterity in the control and operation of the UAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety. Through ground school and internal training the proper knowledge of airmanship can be achieved to maintain safe flight operations.
Furthermore, the P etitioner explains that, given the restricted and controlled airspace within which operations will take place, t he key factors needed by the operator are knowledge of the airspace within which the operation will take place and how that ai rspace fits into the Natio nal Airspace System (NAS). The P etitioner also states t hat it cannot be assumed that a private pilot
or commercia l pilot, approved to operate a rotorcraft or fixed wing aircraft, has the skill or ability to safely operate an unman ned aerial system , operating at 400 ft. AGL or lower, within strictly control led pre

- approved airspace.
The Petitioner is confident that with the proper training and safety measures put in place it can effectively carryout it’s proposed operations. Hands

- on experience with the UAS is a far more effective guarantee of flight safety than a private pilot or commercial pilot certificate would be, until the FAA Pilot Certificate requirements catch up to the UAS technology.

The risks associated with the o peration of the UAS (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth in this petition meets or exceeds the present level of safety

. It is unfeasible to state that a pilot with a certification (private or commercial) would be able to operate the UAS to a higher level of safety than a person who does not hold any pilot certificate, provided they have proper knowledge of a irmanship, and are familiar with the UAS he or she is operating. Currently there is no training included in private pilot or com mercial pilot certification process regarding UAS operations. A n equivalent level of safety will be provided by allowing operation of the UAS without a private pilot’s certificate or a commercial pilot’s certificate, under the conditions set forth herein.4

**14 CFR 91.7(a) Civil Aircraft Airworthiness** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Since there is no regulatory standard for determining airworthiness of a UAS, there will be no certificate i ssued

. Therefore at this time regulation 91.7(a) is not applicable for UAS operations and an exemption is needed . However, t he Petitioner will follow all safety and inspection proce dures outlined by the Original Equipment Manufacturer (OEM) to determine airworthiness. The operator will determine the airworthiness of the UAS by conducting prefli ght and post flight insp ections. If at any time the operator determines the UAS not be airworthy it is to be grounded immediately until all proper re pairs have been made. The UAS will undergo a test flight after any such repairs to ensure functionality before it is return ed to commercial operations.
**14 CFR 91.119(b) and (c) Minimum Safe Altitudes** The Petitioner requests relief from14 CFR 91.119(b) an d 14 CFR 91.119( c )

. The regulation states, “Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 ft. above the highest obstacle within a horizontal radius of 2,000 ft. of the aircraft.” Wi th the UAS having an operation ceiling of 400 ft. 91.119(b) is not applicable for the Petitioner to conduct its proposed operations in compliance of this regulation

. The Petitioner notes that because it requests to operate at altitudes only up to 400 ft. AGL, an exemption is n eeded from 14 CFR 91.11 9(c) to allow for such operations. As discussed in Exemption No. 11109 to Clayco, Inc. (Docket No. FAA

- 2014

-0507), operations conducted closer than 500 feet to the ground may require that the UAS to be ope rated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. Operations will always be conducted in an authorized, controlled area. Due to the specific operation proposed the UAS will at times b e close r than 500 ft. to the operator, essential people , vehicles, and structures therefore exemption is needed from 91.119(c). The Petitioner is confident that since it currently carries out the operations described in this document with rotorcraft, it will be able to at least maintain or exceed current safety levels by utilizing a UAS. **14 CFR 91.121 Altimeter Settings** The P etitioner is a lso requesting an exemptio n from regulation 91.121, as the UAS will have a GPS altitude readout instead of a barometric a ltimeter required by the regulation. The P etitioner and operator will achieve an equivalent level of safety via live flight data and preflight safety checklist set forth by OEM

. The operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight in order to ensure accuracy.5

**14 CFR 91.151(a) (1)**  **and (b) Fuel Requirements for flight in VFR Conditions**  This regulation prohibits any person from beginning a flight in a fixed

-wing aircraft under VFR conditions (with consideration of wind and forecast weather conditions) unless there is enough fuel to fly to the first point of intended landing and, assuming normal cruise speed

– (1) During the day, to fly after that for at least another 30 minutes. Part B of this regulation describes operation requirements for rotorcraft.
The UAS has a battery that provides up to 30 minutes of powered flight . I n order to comply with this regulation flight times would have to be limited to 10 minutes before the UAS would need to be grounded in order to maintain proper battery reserve as described in part 91.151. This limited flight time is not feasible and would make operations nearly, if not completely impossible. All operations will be conducted with a fully charged battery. Flight time will be limited to 30 minutes or when 25

- 30 % battery life remains; whichever is to occur first. The operator will be able to monitor battery percentage th o rough their flight controls. With the operator maintaining VLOS and with 25% battery remaining, there will be still be sufficient time to return the UAS to the pla nned operatio nal landing zone. Therefore, the regulation is not applicable to the UAS, however the Petitioner will maintain its own safety standard as stated above.
**14 CFR 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance**  **Inspections and Records** The Petitioner is also requesting relief from maintenance and inspection requirements under 91.405(a) and (b), 91.407(a )(1), 91.409(a)(1) and (2), and 91.417(a). A n exemption should be granted under these sections because the UAS to be used is not a U.S. registered civil aircraft with an airworthiness certificate and therefore 14 CFR 91 regulations do not apply. Furthermore a designated official certified by the FAA to have maintenance si gnature authority does not currently exist for UAS operations . However, the Petitioner will employ a maintenance and quality ass urance program which meets or exceeds applicable regulatory standards for U.S. registered aircraft. No operations will take place without inspections and maintenance items being completed. All inspections and maintenance action items will be documented in aircraft logs. The P etitioner further states that Original Equipment Manufacturer (OEM) requirements will be followed in the performance of maintenance, inspection and record keeping for the UAS.
The Petitioner states that the OEM defines the maintenance requirements for the unmanned aircraft and per those requirements, the Petitioner will ensure that it will conduct all inspections to precise OEM standards. Again, n o flight operations will take place without required inspections and maintenance items bei ng completed. Further, all inspections and maintenance action items will be documented in aircraft logs. The Petitioner will comply with the manufacturer's UAS component, maintenance, overhaul, replacement, inspection, and life limit requirements. The op erator is responsible for a through preflight and post flight6

inspection of the UAS to ensure airworthiness. The inspection shall be conducted in accordance with the instructions outlined in the manufactures user’ s manual. When necessary o nly qualified OEM maintainers will perform higher level inspections and mai ntenance or overhaul per OEM standards.
**Petitioner Closing Statement** As set forth herein, Future Sky Film Solutions seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Mod ernization and Reform Act of 2012 (FMRA), which will permit safe operation of the CarbonCore Cortex Octocopter , CarbonCore Cortex Quadcopter and DJI Phantom 3 commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing FutureSky Film Solutions to safely, efficiently, and economically operate UAS commercially within the National Air Space (NAS)

. Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, FutureSky Film Solutions respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.3, 61.113(a) & (b), 91.7(a), 91.121, 91.151( a)(1) and ( b), 91.405(a), 91.407(a)(1), 91.409 (a)(1) & (a)(2), and 91.417(a) & (b), and permit FutureSky Film Solutions to operate the CarbonCore Cortex Octocopter , CarbonCore Cortex Quadcopter and DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.
We invite you to please look at our website, www.futureskyfilmsolutions.com for further information regarding our company’s operations.
Respectfully submitted,

Louis Pedrero Owner FutureSky Film Solutions 12 Lark Street Washingtonville, NY 10992 908

-456

-4744 info @ futureskyfilmsolutions.com