URBAN RHINO 77 COLLEGE ST BURLINGTON, VT 05401 802.238.8594 NATHAN BEAMAN CEO nathan.beaman@urbanrhino.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave S.E. Washington, D.C. 20590 January 25th, 2016

Re: Request of Urban Rhino for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.P.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a) (1); 91.405(a); 91.407(a)(l); 91.409(a)(1) and (2); 91.417(a) & (b). Dear Madam or Sir: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.P.R. Part 11, Urban Rhino files this petition for exemption on behalf of Urban Rhino, a Vermont S-Corporation (“Urban Rhino”), an operator of Small Unmanned Aircraft (“sUAS”) used for closed-set filming for the motion picture and tele

vision industries. Specifically, applicant seeks an exemption from the Federal Aviation Regulations (“FARs”) listed in Appendices A to allow commercial operation of its sUAS, so long as such operations are conducted within and under the conditions outlined here

in or as may be established by the FAA in a grant of this petition. Approval of the exemption for petitioner will allow commercial operation of the Freefly ALTA for scripted closed- set filming for the motion picture and television indus

77 COLLEGE ST FLOOR 1 BURLINGTON, VT 05401 t. 802.238.8594tries in Class G airspace nationwide, or as otherwise prescribed in an Air Traffic Organi

zation (“ATO”) issued COA. The sUAS operations contemplated by this petition are in the public interest because they clearly satisfy the “Four D’s” of exemplary uses of sUAS: to replace work that is dangerous, difficult, and at the same time provide an equivalent or greater level of safety than alternative manned aircraft operations. The sUAS covered by this petition are small battery-powered craft, weighing up to approximately 30 lbs. (13.6 kg.), inclusive of battery and maximum payload. Operation of the sUAS under the strict conditions proposed below will provide an equivalent level of safety, as Congress intend

ed, while still allowing commercial operations. Operations using this sUAS are far safer than conventional operations conducted with helicopters and fixed-wing aircraft that weigh thousands of pounds, carry highly flammable fuel, and operate in close proximity to the ground, trees, infrastructure, and people. Congress directed the FAA to consider seven factors in deciding whether to ap

prove Section 333 exemption petitions - size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line of sight. In this case, each factor supports the exemption request. In particular, the sUAS is small, and will operate at slow speeds and close to the ground. It will be able to more safely and efficiently film over closed sets. The substantial increase of safety and de

crease of risk to human life and to property weighs heavily in favor of granting the ex

emption. Pursuant to 14 C.F .R. §11.3 5, petitioner requests confidential treatment for certain information provided with this request for exemption. Specifically , petitioner is submitting its proprietary sUAS Motion Picture and Television Operations Manual; Pilot Qualifications Manual; Freefly ALTA Specifications, Flight Operations and Procedures Manual; under separate cover as Exhibits 1 and 2. It requests that the information con

tained in those exhibit 1 not be made public because they are trade secrets whose dis

closure would harm petitioner. They contain valuable commercial data that is not publi

cally available and are protected from release under the Freedom of Information Act, 5 U.S.C. §552(b)(4). Urban Rhino requests that the publication and comment procedures be waived in accordance with 14 C.P.R. § 11.87, as the FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition, and delaying the granting of this petition would adversely affect the public, the FAA, and Urban Rhino. The public, as well as the FAA, would be better served by the FAA quick

ly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to other priorities. Moreover, Urban Rhino is eagerly seeking to start commercial operations and is adversely affected by the above listed regulations. For your ease in reviewing this petition, please refer to the table of contents,which begins on page 4. If we can provide any additional information to assist your understanding or review of this document, please do not hesitate to contact us at 802.238.8594 or via email at nathan.beaman@urbanrhino.com Yours sincerely, Nathan Beaman Owner Urban Rhino 77 College St, Burlington, VT 05401 802.238.8594

## 25 JANUARY 2016 PETITION FOR EXEMPTION UNDER SECTION 333

## TABLE OF CONTENTS 1. Publishable Summary 2. Petitioner’s Contact Information 3. Regulations from which the exemption is requested 4. Proposed Operations a. The sUAS b. The Crew c. Flight Conditions d. Flight Operations 5. Aircraft and Equivalent Level of Safety 6. Proposed Conditions of the Exemption 7. Privacy 8. Public Interest and Safety Exhibit List Exhibit 1: Urban Rhino, sUAS Motion Picture and Television Operations Manual Exhibit 2: Freefly ALTA Specifications, Flight Operations and Procedures Manual Exhibit 1 has been submitted confidentially, under separate cover, and are not available to the public.

## 1. PUBLISHABLE SUMMARY Pursuant to 14 C.F.R. § 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 CPR§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a) 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), and 91.417(a) and (b) to operate commercially small unmanned aeri al systems (55lbs or less) in motion picture and television operations. Approval of the exemption for petitioner will allow commercial operation of the Freefly ALTA sUAS, all propriety in design, for scripted closed-set filming for the motion picture and television industries, or as otherwise prescribed in an ATO issued COA. The requested exemption should be granted because operation of small sUAS, weighing approximately 30 lbs. (13.6 kg.), inclusive of battery and maximum payload, conducted in the strict conditions outlined below, will provide an equivalent level of safety, while still allowing commercial operations. The light weight aircraft covered by the exemption are far safer than conventional opera tions conducted with helicopters and fixed-wing aircraft weighing thousands of pounds and carrying highly flammable fuel, and operating in close proximity to the ground, power lines, transmission towers, pipelines, and people. The seven factors Congress directed the FAA to consider when approving Section 333 ex emption petitions - size, weight, speed, operational capability, proximity to air ports, proximity to populated areas, and operation within visual line of sight - each support the request. In particular, the aircraft are small, and will operate at slow speeds, and close to the ground in order to more safely and efficiently conduct inspections that would otherwise involve a risk of death to the inspectors. The substantial increase of safety and decrease of risk to human life, coupled with the low risk use of sUAS to conduct these operations, weigh heavily in favor of grant ing the exemption.

1 

## 2. PETITIONER’S CONTACT INFORMATION
Nathan Beaman Urban Rhino 77 College St Burlington, VT 05401 802.238.8594 nathan.beaman@urbanrhino.com2 

## 3. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

4. PROPOSED OPERATIONS 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and

A. The sUAS The requested exemption will permit petitioner to operate the Freefly AL TA sUAS, all propriety in design and purpose-built for safe, reliable operation with a maximum weight of under approximately 30 lbs. (13.6 kg.), inclusive of batteries and maximum payload. The rotorcraft has the capability to hover and move in the vertical and horizontal planes simultaneously. Please refer to Exhibit 3 for further technical information regarding the sUAS. De

tails regarding the design and assembly of the sUAS are being submitted confidentially , due to the proprietary nature of the sUAS. The petition and the supporting documenta

tion in the Exhibits may hereinafter be referred to as the “operating documents.” The specific conditions of the proposed exemption that relate to the characteristics of the sUAS are numbers 1, 5, and 16-20 in Section 6 below. Each has been adopted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions. B. The Crew The crew will consist of, at a minimum, a pilot in command (PIC), a visual observ

er (VO). Specific PIC and VO qualifications and training are outlined in Exhibits 1 and 2, Urban Rhino sUAS Motion Picture and Television Operations Manual and Urban Rhino Pilot Qualifications Manual, provided confidentially under separate cover

. The specific conditions of the proposed exemption that relate to the training and charac

teristics of the crew are numbers 3 and 6-9 in Section 6 below. Each has been adopted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions. C. Flight Conditions The sUAS will be used for scripted closed-set filming for the motion picture and television industries. It will be flown in Class G airspace nationwide under 400 feet above ground level (“AGL”) and under controlled conditions over property that is restrict

ed as stated below under D. Flight Operations. Petitioner will work with the local FSDO when planning operations. Petitioner will only operate its sUAS in visual meteorological conditions (VMC). The sUAS will at all times be no less than 500 feet below and no less than 2,000 feet horizontally from a cloud, and petitioner will not conduct operations unless visibility is at least 3 statute miles from the PIC.

## 4. PROPOSED OPERATIONS (CONT.)

3 The flight crew will always make a safety assessment of the risk of every operation, and will only operate when it is determined that no hazards are present. The specific conditions of the proposed exemption that relate to the flight conditions in which the sUAS will be operated are numbers 2, 4, 16, and 28-29 in Section VI below. Each has been adopted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions. D. Flight Operations The purpose of every sUAS flight will be to conduct safe, accurate, and efficient closed- set filming for the motion picture and television industries. Exhibits 1-3, Urban Rhino sUAS Motion Picture and Television Operations Manual; Urban Rhino Pilot Qualifications Manual; Freefly ALTA Specifications, Flight Operations and Procedures Manual; provided confidentially under separate cover , include detailed policies and procedures for the safe operation and maintenance of sUAS included in this petition. The specific conditions of the proposed exemption that relate to flight operations are numbers 11-12, 17-25, and 32-35 in Section 6 below. Each has been accepted or imposed by the FAA in numerous previous grants o f Section 333 exemption petitions. 

## 5. AIRCRAFT AND EQUIVALENT LEVEL SAFETY Petitioner proposes that the exemption apply to sUAS that have the characteris

tics and that operate with the limitations proposed herein. These limitations provide for a level of safety at least equivalent to or higher than manned aircraft operations under the current regulatory structure. Section 6 below, together with operating documents, identi

fies the limitations and conditions to which petitioner agrees to be bound when conduct

ing commercial operations under a grant of this petition. Approval of the commercial operations outlined in this petition presents no na

tional security issue. The PIC is willing to undergo a background check, including the proposed Transportation Security Administration Vetting process, to ensure that no na

tional security threat is present. Operation and Certification of Small Unmanned Aircraft, 80 Fed. Reg. 9543 at 9572 (proposed Feb. 23, 2015 (to be codified at 14 C.F .R. Parts 21, 43, 45, et al.)).4 

## 6. PROPOSED CONDITIONS OF THE EXEMPTION 1. The sUAS will weigh less than 55 pounds, inclusive of battery and technical payload. 2. sUAS operations under this exemption will be limited to conducting operations for the purpose of closed-set filming for the motion picture and television in Class G airspace nationwide. 3. Flights will be operated within line o f sight o f pilot in command (PIC), and a visual observer (VO). 4. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by the procedures specified in the operating documents. All altitudes reported to A TC must be in feet AGL. 5. The sUAS will not be flown at an indicated airspeed exceeding 87 knots (100 mph), and in no case will the UA be operated at airspeeds greater than the maximum UA oper

ating airspeed recommended by the aircraft manufacturer. 6. Minimum flight crew for each operation will consist of the sUAS pilot in command (PIC), a visual observer (VO). 7. PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a ter

ritory, a possession, or the Federal Government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification criteria as outlined in its Pilot Qualification Manual and demonstrates the ability to safely operate the sUAS in a manner consistent with how the sUAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). A record of the PIC training will be documented and made available upon request by the Administra

tor. Training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations will be considered nonparticipants, and the PIC will operate the sUAS with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 9. The VO will not perform any other duties beyond assisting the PIC with seeing and5 avoiding other air traffic and other ground based obstacles/obstructions, and will not be permitted to operate the camera or other instruments. 10. The PIC will be designated before the flight and will not be allowed to transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in these conditions and the operating documents. 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s activities. It will be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing. 12. Prior to each flight, the PIC will inspect the sUAS, including the Ground Control Station, to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the PIC will not operate the sUAS until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. All maintenance and alterations will be properly documented in the air

craft records. 13. Petitioner will conduct a functional flight test on any sUAS that has undergone main

tenance or alterations that affect the sUAS operation or flight characteristics, e.g. re

placement of a flight critical component. The PIC who conducts the functional test flight will make an entry in the aircraft records. 14. The petitioner will carry out its maintenance, inspections, and record keeping re

quirements, at the direction and under the supervision of the sUAS manufacturer. Main

tenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the manufacturer, authorizing the return of the sUAS to service. The manufacturer will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 15. When conducting operations for the motion picture and television industry, petitioner will submit a written Plan of Activities, and any additional necessary paperwork, to the FSDO at least one day before the proposed operations begin. 16. The sUAS will be operated within visual line of sight (VLOS) of the PIC and VO at all times. This requires the PIC to be able to use human vision unaided by any device oth

er than corrective lenses. PIC and VO will at all times be able to communicate verbally. They will not be permitted to use electronic messaging or texting to communicate during flight operations. 

## 6. PROPOSED CONDITIONS OF THE EXEMPTION (CONT.)6 17. The PIC will not begin a flight unless (considering wind and forecast weather condi

tions) there is enough power to fly at normal cruising speed to the intended landing point and land the sUAS with 20% battery power remaining. 18. Actual total flight time for each operational flight will result in no less than a 20% battery reserve. 19. The sUAS will have the capability to abort a flight in case of unexpected obstacles or emergencies. 20. The sUAS will be programmed so that if it loses communication with the ground sta

tion or loses its GPS signal, it will return to a pre-determined location within the planned operating area and land or be recovered in accordance with the operating documents. 21. If the sUAS and its radio control link disconnect during flight, the system’ s failsafe protection will be triggered and the multi-rotor will return to home and land automatical

ly, rather than flying off uncontrollably or landing at an unknown location. 22. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be main

tained and available to the PIC at the Ground Control Station of the sUAS any time the sUAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request. If a discrepancy exists between the conditions and limitations in the exemption grant and the procedures outlined in the operating doc

uments, the grant conditions and limitations will take precedence and will be followed. Otherwise, the petitioner will follow the procedures outlined in its operating documents. If it updates or revises its operating documents, it will present updated and revised doc

uments to the Administrator upon request. If the petitioner determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the Petitioner will petition for an amendment to the grant of exemption. 23. Petitioner will obtain written and/or oral permission from the landowners/authorized agents of the landowners over which flights will be conducted. 24. Petitioner will obtain all required permissions and permits from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 25. sUAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights will not be conducted under special visual flight rules (SVFR). 

## 6. PROPOSED CONDITIONS OF THE EXEMPTION (CONT.)7 26. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of ex

emption. Petitioner will request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations will be con

ducted in accordance with airspace requirements in the ATO issued COA, including class of airspace, altitude level and potential transponder requirements. 27. The sUAS will not be operated within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s management has been obtained, and the operation is conducted in ac

cordance with a NOTAM as required by the operator’s COA. Any letter of agreement with the airport management will be made available to the Administrator upon request. 28. The sUAS will not be operated less than 500 feet below, or less than 2,000 feet hor

izontally from, a cloud or when visibility is less than 3 statute miles from the PIC. 29. All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO issued COA. 30. All aircraft operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Num

ber) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. 31. Before conducting operations, petitioner will ensure that the radio frequency spec

trum used for operation and control of the sUAS complies with the Federal Communica

tions Commission (FCC) or other appropriate government oversight agency requirements. 32. The sUAS will remain clear and yield the right of way to all manned aviation opera

tions and activities at all times. 33. The sUAS will not be operated by the PIC from any moving device or vehicle. 34. The sUAS will not be operated over congested or densely populated areas. 35. Petitioner will conduct all flight operations at least 500 feet from all nonparticipat

ing persons, vessels vehicles, and structures unless one of the following three conditions is met: A. Barriers or structures are present that sufficiently protect nonparticipating persons 

## 6. PROPOSED CONDITIONS OF THE EXEMPTION (CONT.)8 from the sUAS and/or debris in the event of an accident. The petitioner will ensure that nonparticipating persons remain under such protection. If a situation arises where non

participating persons leave such protection and are within 500 feet of the sUAS, the PIC will ensure that flight operations cease immediately. B. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. C. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 36. Petitioner will report any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Petitioner will report acci

dents to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

## 6. PROPOSED CONDITIONS OF THE EXEMPTION (CONT.)

7. PRIVACY

8. PUBLIC INTEREST AND SAFETY There is little concern that the proposed flights will cause invasions of privacy because all flights will occur (i) over public spaces, where there is no expectation of privacy, and around participating individuals or (ii) over private, restricted property where applicant has permission from the landowner/authorized agent to film. When the sUAS is being flown, the onboard cameras will be focused on the film or inspection area, not on nonparticipating individuals who may be present during filming.

The planned sUAS use will increase ground safety in both the television and movie industry. The enhanced safety and reduced environmental impact achieved using a sUAS with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the sUAS operation enabled by this exemption is in the public interest. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, speed, operating capabilities, proximity to airports and populated areas and oper

ation within visual line of sight and national security - provide more than adequate justi

fication for the grant of the requested exemption allowing commercial operation of appli

-9 

## 8. PUBLIC INTEREST AND SAFETY (CONT.) cant’s sUAS for filming the television and movie industry and the construction industry, pursuant to petitioner’s rules of operation. The planned sUAS use will increase ground safety in both the television and movie industry. The enhanced safety and reduced environmental impact achieved using a sUAS with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the sUAS operation enabled by this exemption is in the public interest. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, speed, operating capabilities, proximity to airports and populated areas and oper

ation within visual line of sight and national security - provide more than adequate justi

fication for the grant of the requested exemption allowing commercial operation of appli

cant’s sUAS for filming the television and movie industry and the construction industry, pursuant to petitioner’s rules of operation. A. Motion Picture and Television Industry Filming As the FAA has repeatedly recognized in granting other exemptions under Section 333, the use of a sUAS to take videos and photography over closed, scripted, motion picture and television sets significantly increases the level of safety for both the actors and crew

. Currently, filmmakers use manned aircraft, which can weigh 6,000 lbs. or more. Manned aircraft also, by definition, carry a pilot and other crew. They carry flammable fluids, and require large areas to take off, operate over, and land. By using the sUAS described in this petition, many of these dangerous conditions will be alleviated. The included sUAS weigh less than approximately 30 lbs, including max

imum payload. The pilot and flight crew will be safely on the ground rather than several hundred feet in the air. The sUAS is powered by a battery, and requires a small area to operate in. The FAA has previously determined that using a sUAS such as these will pro

vide a greater level of safety when filming for the motion picture and television industry

. Exemption No. 11062