CVM Productions

Ron Vander Molen 130 Roy’s Drive Mishawaka, IN 46544 O: 574

- 256

- 0068 C: 574

- 532

- 0491 ronv@cvmproductions.com

April 27, 2015

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

- 140 1200 New Jersey Avenue SE Washington, DC 20590

To whom this may concern,

Please accept this letter as CVM Productions’ petition for exemption pursuant to Section 333 of the FAA Modernization and Reform Act 2012 and 14 C.F.R. Part 11.

CVM Productions, operator of small Unmanned Aircraft Systems (sUAS) equipped to perform aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operations of its sUAS

a s long as such operations are conducted within the conditions established and outlined by the FAA as required by Section 333.1. The exemption requested would allow the operation of unmanned sUAS under conditions in airspace that are limited, predetermined and controlled.

Founded in 1991, CVM Productions is a video production company specializing in videography and photography for corporate, industrial, automotive and broadcast clients. CVM owner and sUAS pilot in command, Ron Vander Molen has been a licens ed private pilot since 1989 and has been flying radio

- controlled model aircrafts for over 35 years. He also maintains a current Class III medical certificate.

CVM Productions plans to utilize the capabilities of the sUAS for a number of services includin g:

 Aerial photography and videography for corporate , industrial and automotive client s

 Real estate photography

 Event photography/videography for broadcast clients (ABC, ESPN, FOX)

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 that the FAA “shall determine if cert ain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required bysection 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In

Section 332(b)( 1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. CVM Productions meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following: Regulations 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. 91.121Page 3 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)

The purpose of this petition for exemption is to enable CVM Productions to operate

a DJI Inspire 1 (model #T600) equipped with a two

- axis camera gimbal and usi ng a High

- Def camera. This sUAS 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. The Inspire 1 also has the failsafe function of the autopilot system

, which means when the communication between the m ain c ontroller and the transmitter is disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS signal is good enough, the system will automatically trigger R eturn to Home and will land safely. The DJI Inspire also has a second controller for camera control. The second controler allows for a camera operator to control all camera functions while the pilot in command flies the aircraft. Total aircraft weight i s approximately 6.5 lbs. including the battery, gimbal and camera.

Please refer to the included DJI Inspire 1 Instruction Manual for the performance limitations and flight operations

. ( http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_ User_Manual_v1.0_en.pd f ) A p re

- flight inspection will be performed by the pilot in command in accordance with the factory instruction manual. An added step will be the inspection of the propellers. A propeller will be replaced if it has any nicks and crac ks with a manufacturers authorized propeller.

The sUAS will be maintained in accordance with the manufacturers instruction manual and only manufacturer's authorized replacement parts will be used.FCC Information

Th e C1 transmitter used for controlling the sUAS complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, includin g interference that may cause undesired operation. The C1 radio transmitter used for controlling the sUAS is wireless technology, which has been tested and found to be compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range.

When operating our C1 transmitter, the pilot in command will maintain a separation distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure safety requ irements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The pilot in command will maintain at least a Private Pilot Certificate and a current Class III medical certificate, plus at least 2 hours flying time and 3 takeoffs and landings within 30 days in the type of UAS utilized in operations. The pilot in command will also have at least 100 hours total time and at least 30 hours flying Radio Controlled Model Aircraft of which will be 10 hours flying sUASs.

The p ilot in command is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but not limited to:

Safe in flight operations R isk Mitigation to Persons and property Airfield Suitability

The o bserver must have the visual acuity to observe the sUAV and be able to communicate clearly with the pilot in command

. The o bserver ’ s duties include: W arning the pilot of any impending obstac les in the flight path of the sUAS. W arning the pilot of any deviations in the planned flight path of the sUAS. W arning the pilot should any unauthorized personnel appear in the area of the planned flight. The

o bserver will have the authority to order the pilot to terminate the flight should he feel the flight cannot be conducted safely.

General Operating Standards

• CVM Productions will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace s ystem or the public."• Before an operation of a sUAV within 5NM of an airport with a control tower, the

control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAV will be operated. The sUAS will not be operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000

- foot ceiling.

Before an operation of a sUAS within 5NM of a non

- tower controlled, airport operators will be notified and the pilot i n command will give the right of way to avoid flying in the proximity of full

- scale aircraft. At no time will the sUAV be operated within the final approach course and the takeoff course of any runway. The sUAV will not be operated at an altitude of over 1 50 feet AGL. Weather minimums will be 3 miles visibility and a 1000

- foot ceiling.

• Maximum flight time for each operational flight will be 2 0 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 20

- minute li mit.

• The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the sUA S p ilot, and v isual

o bserver.

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals).

• The sUAV will operate at speeds of no more than 2 5 knots, can hover, and can simultaneously move ver tically and horizontally.

• Given the small size of the sUAV and the restricted sterile environment within which they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and dim inish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 20 minutes, this is offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective t han ground based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than man ypotential clients have been able to afford. The benefits of reduced cost and improved

quality of presentation from the UA will be valuable to and benefit many buyers and sellers of real property.

Additionally, we request that we be allowed to use our sy stem to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as we do so.

(a) No flight will be made with a Gross weigh t exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more than 2 5 knots and no further than 3/4 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and P IC must be able to communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the property owner;

(e) All required permits will be obtained from state and local g overnment prior to operation; (f) CVM Productions will not be operated over densely populated areas; (g) CVM Productions will not be operating over any open

- air assembly of people; (h) CVM Productions will not be operating over heavily trafficked roads; (i) CVM Productions will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

CVM Productions requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation o f the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we reques t an experimental certificate be issued for the DJI Inspire 1 under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development

. Testing new air craft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations

. Conducting flight tests and other operations to show compliance with the airwor thiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flightsto substantiate major design changes, and flights to show compliance with the

function and reliability requirements of the regulations . Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft wi ll not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, i f not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this a pplication, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for a n airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

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 aircra ft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" 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 w hich the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above , where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph w ill provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since t he aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61 .133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate 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 employment 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 operations require that the PIC must hold at least a Private Pilot Certificate with a Class III Medical 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 applicat ion is to conduct a business.14 CFR 91.7 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 CFR 91.9 Civil airc raft flight manual, marking, and placard 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 is to ensure that flight manua l information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operatio ns. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, 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 instrument flight and certain flight tests

The 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." Training will be cond ucted at a local Radio Control Club flying field. CVM Productions has the ability to provide "dual controls" utilizing two C1 transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other tra nsmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will be at all times be able assume control of the sUAV.

91.119 Minimum safe altitudes : General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any 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 will only be flown over property or persons where permission has been obtained and careful pre

- planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergen cy landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in grantin g the exemption.

CFR 91.121 Altimeter settings

. The regulation requires that aircraft 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 order to prevent conflict with other aircraft. An Above Ground Level altimeter measurementabove the takeoff point is transmitted via radio from the sUAS on

- board computer to

the display screen held by the PIC, provid ing 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 flight in an airplane under day

vFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this
paragra ph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery 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 3/4 NM f

rom the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CF R 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 certificate must be aboard the aircraft. Additionally, subparagra ph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance , 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 with the crew at the ground control station and av ailable for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the wo rd "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 operator is primarily responsible for maintaining the aircraft in an airwor thy 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 the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 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 facility. 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 Ben efits of the UAS

CVM Productions will be using the UAS in a variety of applications that generally require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the use of full

- sized manned airc raft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passenger s or crew creates a much greater margin of safety for the pilots and crew. By granting CVM Productions requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. CVM Productions is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thu s, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this application, the sSUA which 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 i n command , less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location 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.

O ur s SUA has proven capability for controlled flight. It is a device offered for general sale on the market around the world and ha s 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 Law 112

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

For the for egoing reasons, the exemptions requested herein should be granted and CVM Productions should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The sub mission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some SUAs may be used for legitimate commercial activities and under reasonably safe conditions.

Thank you for yo ur consideration.

Ron Vander Molen, CVM Production s