Kevin A. Culbertson Swordfish Productions, LLC 1691 East Jefferson Way, 312 Simi Valley, California 93065 (818) 244-4722

October 22, 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Swordfish Productions, LLC is petitioning for an exemption from the Federal Aviation Regulations (“FARs”) described below to enable Swordfish Productions, LLC to commercially operate the following Unmanned Aircraft System (UAS): ALTA Freefly.

This exemption request will permit Swordfish Productions, LLC to operate this UAS commercially for the purpose of capturing still and motion digital images of property, people, and events , i.e. photography and cinematography, for use in publications, broadcast, film, and other digital media distribution.

Swordfish Productions, LLC will provide a service that is beneficial to an industry that is already using - and apparently seeks to continue to use - UAS for these purposes. Through the grant of this exemption we will provide a legal option to users of these services while providing relevant operational experience and information to the FAA as well as the current and future community of UAS operators and end product

users.

Swordfish Productions, LLC believes this will benefit the public by demonstrating that an image capture service is viable to be operated lawfully. This includes the operation of UAS by certificated pilots trained in the National Airspace System and though a demonstration of the ability for increased integration of

UAS in the NAS

.

All operations by Swordfish Productions. LLC will strictly adhere to safety, applicable FARs, Operators Handbook, Airworthiness Directives, and all other guidelines from the FAA as applicable. Swordfish Productions, LLC will conduct its operations in a manner as to maintain the level of safety expected of current manned aircraft operations.

Swordfish Productions. LLC will operate exclusively in controlled conditions, within visual line of sight, at low altitudes not to exceed 400 feet above ground level, or no higher than 200 feet above the highest obstacle with prior Flight Safety District Office approval. Any UAS in operation by Swordfish Productions. LLC will not exceed 55 pounds total weight.

At all times Swordfish Productions. LLC will have a Chief Pilot responsible to properly train, maintain safe operations, ensure currency requirements are met, and consistently assure an open line ofcommunication with the FAA. The Chief Pilot will, at a minimum, be a certificated commercial pilot and maintain a medical certificate appropriate for UAS operation as defined by the FAA.

As a business operated by a co-founder with the unique combination of professional experience as a pilot instructor at a major airline; a camera operator and director with major television networks; and founder of several successful start-up business, Swordfish Productions. LLC will demonstrate and maintain a high standard of UAS operations with a thorough understanding of the importance of safety guidelines in the NAS, the desire to promote these standards in the user community, and the ability to demonstrate a commercially viable legal operation in the use and integration of UAS in the NAS

.

The name and address of the applicant is :

Kevin A. Culbertson Swordfish Productions, LLC 1691 East Jefferson Way, 312 Simi Valley, California 93065 kculbertson@mac.com (818) 244-4722

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.105; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a).

The Applicable Legal Standard Under Section 333

Swordfish Productions. LLC submits that grant of this exemption application advances the Congressional

mandate in Section 333 of the Reform Act to accelerate the introduction of UAS into the NAS if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain UAS may operate safely in the NAS before completion of the rule making required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UAS do not create a hazard to users of the NAS, the public, or pose a threat to national security in light of the following: the UAS’s size, weight, speed, and operational capability; operation of the UAS in close proximity to airports and populated areas; and operation of the UAS within visual line of sight of the
operator.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined in the act, from the requirement that all civil aircraft must have current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service. The Administrator may grant an exemption from a requirement of a regulation prescribed if the Administrator finds the exemption is in the public interest.

The grant of the requested exemption is in the public interest based on Section 333 of the Reform Act; the additional authority in the Federal Aviation Act; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with use of UAS for capturing sill and motion digital images, the reduction or elimination of unregulated operators, and the safe integration of UAS. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.Airworthiness

Grant of the exemption to Swordfish Productions. LLC will be subject to the following mandatory airworthiness conditions: the UAS will never exceed a gross takeoff weight of 55 pounds, or in excess of the manufacturer recommendations; a preflight checklist which will incorporate the manufacturer preflight checklist will be followed prior to each flight; aircraft registration number will be displayed on the aircraft in accordance with current regulations; Pilot Operating Handbook, registration, copy of exemption, checklist, and copy of maintenance records will be mandatory documents for operation and will be accessible to the PIC at all times; any FAA or manufacturer required placards are placed and clearly visible on the base station or controlling device; all equipment installed on the UAS will be operational for flight; the PIC will be the determining authority on the airworthiness of the UAS prior, during, and after each flight, and will cease operations upon deeming the UAS not airworthy until proper

maintenance or action has been taken.

Additionally, each person who maintains, performs preventative maintenance, rebuilds, or alters the UAS, airframe, motor, propeller, appliance, or component part will make an entry in the maintenance record of that equipment containing a description of the work, date performed, and name of person performing work. Any maintenance action that may affect flight characteristics or airworthiness will have a maintenance operational check and test flight performed by a pilot holding at minimum a pilot certificate as determined at the time by the FAA for operation of a UAS and an appropriate entry made in the UAS

records.

Operating Conditions

Grant of the exemption to Swordfish Productions. LLC will be subject to the following mandatory operating conditions: operations occurring within Class B airspace require coordination and approval from the FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic Control one hour prior to operations commencing. Communication commencing operations, during operations, and termination of operations by use and constant monitoring of appropriate tower frequency by ground radio; operations within Class B 30NM Mode C Veil require at minimum 48 hour prior notification of the FAA Flight Standards District Office having jurisdiction. Notification and communication with Air Traffic Control upon commencing operations, during operations, and termination of operations by use and constant monitoring of appropriate tower frequency by ground radio; operations within Class C, or D airspace require notification at minimum 24 hour prior notification of the FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic Control one hour prior to operations commencing. Communication commencing operations, during operations, and termination of operations by use and constant monitoring of appropriate tower frequency by ground radio; operations within 2.5 NM radius of airport runway centerline within class E, or G airspace require at a minimum 24 hour prior notification of the FAA Flight Standards District Office having jurisdiction, at a minimum 24 hour prior notification of the Airport Manager or Controlling Agency, notification and communication with any control tower, or on CTAF frequency, upon commencing operations, during operations, and termination of operations by use and constant monitoring of appropriate frequency by ground radio; operations within class E or G airspace not within 2.5 NM of airport runway centerline requires constant monitoring of applicable CTAF or 123.025 (helicopter air to air) and reporting upon commencing operations, during operations, and termination of operations by ground radio; no operations are to be conducted within 2.5 NM in-line with runway centerline azimuth and on the approach end of a runway that is actively in use; all operations are required to remain at, or below, 400 feet AGL unless prior approval is received from the FAA Flight Standards District Office having jurisdiction, and no flight exceeding 400 feet AGL may go above 200 feet above the highest obstacle, or outside visible range, or beyond the capability of the UAS (whichever is lower in altitude); operations are to be conducted over private or controlled access property; permission from land owner/controller required before commencing any flight; operations to occur under Visual Flight Rules during Visual Meteorological Conditions (VMC); aircraft to remain within Visual Line of Sight (VLOS); operations to be conducted in a controlledenvironment with only the necessary persons present, any person present, not employed by Swordfish Productions, LLC, will sign a waiver acknowledging UAS operations, proper safety procedures, and a statement acknowledging risks; operations will be conducted with a visual observer (VO), in addition to the UAS pilot, who will remain in VLOS with the UAS pilot, the UAS, and the area of operations at all times. VO will assist in maintaining a controlled environment, spotting hazards to persons or property, monitoring and communicating on appropriate ATC, CTAF, or other appropriate radio frequencies; operations will cease when battery capacity falls below 25% or a battery power reserve of less than 10% flight time is indicated.

Operator Requirements

Swordfish Productions. LLC understands and upholds the stance that necessary precautions are required to protect aircraft already operating in the NAS, and the safety and security of the flight crew members, passengers as well as the public and property. For this reason Swordfish Productions. LLC will require all pilots of the UAS to minimally be appropriately certificated pilots with appropriate medical certification as determined by the FAA for UAS operation

.

Privacy

All flights will occur over private or controlled access property with the prior consent and knowledge of the property owner (s) or duly authorized representative.

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to allow commercial operations of UAS conducting aerial flights as described above.

Respectfully,

/s/ Kevin A. Culbertson

Kevin A. Culbertson Swordfish Productions, LLC

APPENDIX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing, and the type of operations performed by the UAS operated by Swordfish Productions. LLC we respectfully request that where a regulation differentiates according to class that it be permitted to operate under those regulations pertaining to helicopters.

Swordfish Productions. LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of its UAS:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333

of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.

In this case, an analysis of these criteria demonstrates that the Swordfish Productions, LLC UAS operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UAS will remain less than 55 pounds gross takeoff weight. Will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice of all operations through the filings with the FSDO. Receipt of the prior permission of the land owner, or controlling authority, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The UAS construction with absorbent material provides at least an equivalent level of safety to that of such operations being conducted with conventional aircraft that would be orders of magnitude larger and would be carrying passengers, cargo, and flammable fuel.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the requirements that have presumably already been met in the approved standard operating procedures (for instance, the Maintenance & Inspection Manual and Safety Checklist), an equivalent level of safety will be achieved by ensuring compliance with the operating manuals prior to each flight.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S.registered civil aircraft

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

The equivalent level of safety will be achieved by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued to others 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. § 91.109(2)

This regulation provides that flight crew members must keep a safety belt fastened while at a crew member station. Swordfish Productions, LLC UAS are by definition not manned and therefore maintain a equivalent level of safety without the use of a safety belt since no danger is posed due to no persons being

aboard the aircraft.

14 C.F.R. § 91.121(a)

This regulation requires that aircraft be operated at altitude in reference to an altimeter set to applicable barometric pressure. According to the Flight Manuals and information included with this exemption request, the UAS operated by Swordfish Productions, LLC uses GPS positioning and uses a specialized sensor that notifies the operator if a predetermined altitude is reached as set by the pilot during preflightinspections. This, in addition to all flights being conducted by VLOS, assures altitude restrictions will be maintained by the pilot. Given the nature of the flight being limited to an upper altitude limit, the limited area of operations, the See and Avoid procedures set forth by Swordfish Productions, LLC, and in light of the UAS not being operated at VFR or IFR cruising altitudes an equivalent level of safety will be

achieved.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS are a remotely piloted aircraft and by design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. If instruction is accomplished through a training program, as set forth in an equivalent level of safety will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety will be achieved by Swordfish Productions, LLC providing the training as outlined.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to the flight characteristics of Swordfish Productions, LLC UAS (vertical takeoff and landing, and ability to hover), as well as the nature of the type of flights conducted by UAS and the similarity to helicopters, Swordfish Productions, LLC requests to operate in accordance with section 91.119(d). The equivalent level of safety will be achieved given the size, weight, speed, and material with which the UAS are built. Furthermore; no flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be notified of the flights. Compared to aerial photography or videography operations conducted with aircraft or rotorcraft weighing far more than the UAS and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low altitude operations of the UAS will maintain separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119, give right of way to all manned aircraft, and adhere to Swordfish Productions, LLC policy to see and hear the UAS at all times

.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather 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 after that for at least 30 minutes; or (2) At night, to fly after that for at least 20 minutes.”

Given the limitations on its proposed operations and the location of those proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. Swordfish Productions, LLC believes that an exemption from 14 CFR § 91.151(b) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS, without 20 minutes of reserve fuel does not engender the type of risks that Section 91.151(b) was meant to prevent given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting flights to a 20 minute reserve would greatly reduce their utility. In the unlikely event that the UAS should run out of fuel, it would simply land. Given its weight and construction material, the risks are less than contemplated by the current regulation.Swordfish Productions, LLC believes that an equivalent level of safety can be achieved by maintaining 25% battery power, or 10% of time (whichever is longer) would be more than adequate to return the UAS to its planned landing zone from anywhere in its operating area.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . 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 or crew.

Swordfish Productions, LLC UAS have no cockpit or cabin to place or carry certification. As such, the exemption and any other certifying document from the FAA will be maintained with the ground station, and placed in a manner as to be clearly visible to any government official or person authorized in the controlled operations environment.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other 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): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

Maintenance on Swordfish Productions, LLC aircraft will be accomplished by the owner/operator pursuant to the manuals, provided by Swordfish Productions, LLC, and the manufacturer. An equivalent level of safety will be achieved because the UAS is small in size, will operate only in restricted predetermined areas and is not a complex mechanical device. As provided in the attached User Manual, the operator of the UAS will ensure that it is in working order prior to initiating flight, perform required maintenance, keep a log of any maintenance that is performed, and work with the manufacturer to ensure optimal maintenance.

Swordfish Productions, LLC maintenance will provide for a 30 day/100 hour and a nnual inspection of the airframe and components similar in scope to inspections on manned aircraft. This will ensure an equivalent level of safety to the maintenance requirements in Part 91.

In addition, between such inspections, should a mechanical issue arise, the aircraft will either return to its launch site or immediately land.APPENDIX B

Operating manual download: http://static.bhphotovideo.com/lit_files/118171.pdf