**FAA sUAS Exemption Request**

November 5, 2015
U. S. Department of Transportation Docket Management System 1200 New Jersey

Ave. SE Washingt on, DC 20590 Re: Exemption Request Se ction 333 of the FAA Reform Act 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, Chroma Productions LLC , operator of Small Unmanned Aircraft S ys tems equipped to conduct aerial video recording and photograph y, hereb y applies f or an exemption from the listed Federal Aviation Regulations {"FARs") to allow commercial operation of its sUAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FA A as required by

Sec tion 333.1. As described more full y below, the requested exemption would permit the operation of small, unmanned and relativel y inexpensive sUAS under controlled condition in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and 4 ) would provide safety enhancements to the already s afe operations in the television industry presently using conventional aircraft. Approval of this exemption would thereb y enhance safety and fulfill the Secretary of Transportation's (the FAA Administrato r's) responsibilities to " ... establish requirements for the safet y operation of such aircraft s ys tems in the national airspace s ys tem" Sect ion 333 (c) of the Reform Act." The name and address of the applicant is: Chroma Productions LLC Vincent Mangane llo, Owner 5420 Carrollton Ave Indianapolis, IN 46220 (317) 730

- 2881 vinnie@chromapros.com The conditions proposed by the applicant are drawn from order 8900.1CHG 0, Volume 3, Chapter 8

- Issue a Certification of Waiver for Motion Picture and Television Filming.This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft s ys tems may operat e safel y in the national airspace sy stem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination the Secretary is required to determine which ty pes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national securit y in light of the following:

 The UAS's size, weight, speed and operational capability :
 Operation of the UAS in close proximity to Airport, Power Plants, Fuel Depots and populated areas; and Operation of the UAS within visual line of sight of the operator. Reform Act * 333 (a) lastly , if the Secretary determines that such vehicles "may operate safet y in the national airspace s ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the national a irspace s ys tem." I d.* 333 (c) 2. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authorit y b y its terms includes exempting civil aircraft, as the term is defined under *401 01 of the Act, which includes sUAS, from the requirement that all civil aircraft must have a cur rent airworthiness certificate. Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory

re quirements for approval. The Administrator may

grant an exe mption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or an y sections 44702

- 4471 6 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. * 44701(f) See also 49 US C *44704; 14CFR *91.203{a) (1). Chroma Productions LLC 's sUAS are multi rotor craft, weighing 10 or fewer lbs. including payload. They

operate, under normal conditions, at a speed of no more than 50 mph and have the capability to hover and move in the vertical and horizo ntal plane simultaneously . They will operate onl y in line of sight and will operate onl y within the sterile area described in the Chroma Productions LLC General Operation Manual (hereinafter "GOM"). Such operations will insure that the sUAS will "not creat e a hazard to users of the national airspace s ys tem or the public." Given the small size of the sUAS involved and the restricted sterile environment within which they will operate, the applicant falls squarel y within that zone of safet y (an equivalent le vel of safet y) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediatel y. Also due to the size of the UASs and the restricted areas in which the relevant sUAS will operate, approval of the app lication presents no national securit y issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act as amended, the strong equivalent level of safety surrounding the proposed operations and the sign ificant public benefit, including enhancedsafet y, reduction in environmental impacts, including reduced emissions associated with

allowing UASs for movie and television operations, the grant of the requested exemptions is in the public interest. According ly , the applicant respectfully requests that the FAA grant the requested exemption without delay

. **A ircraft and Equivalent Level**  **of Safety**  The applicant proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safet y t o operations under the current regulatory structure because the proposed operations represent a safet y enhancement to the alread y s afe movie and television filming operations conducted with conventional aircraft. These limitations and conditions to which Videolndiana, Inc. agrees to be bound when conducting commercial operations under an FAA issued exemption include: The Chroma Productions LLC , GOM is a comprehensive outline of all flight operations and procedures. A reference copy will be kept with the sUAS operator at all times the sUAS is in operation. An Aircraft Operating Manual covering the DJ I Phantom 3 Professional or an y other aircraft which will be operated b y Chroma Productions LLC will also be kept with the sUAS operator at all times the sUAS is in operation. Reform Act Section 333(b)
1. The sUAS will weigh less than 551bs.
2. Flights will be operated within line of sight of a pilot and/or observer.
3. Maximum total flight time for each operational flight will be 30 minutes.
4. Flights will be operated at an altitude of no more than 400 feet AGL or not more than 200 feet above an elevated platform from which video reco rding is planned.
5. Minimum crew for each operation will consist of the sUAS pilot with a visual observer.
6. sUAS pilot will operate under the guidance and oversight of an FAA licensed airman with at least a private pilot certificate and a third class medica l (if deemed necessary).
7. sUAS pilot will be Pilot in Command (PI C). If a pilot certificate holder other than the sUAS pilot who possess the necessary PIC qualifications is also present on set (i.e. the Aerial Coordinator) that person can also be designate d as PIC.
8. The UAS will only

operate within a confined "Area of Operation" as defined in the GOM.9. A briefing will be conducted in regards to planed sUAS operations prior to each day 's

production activities. It will be mandatory that all personnel that will be performing duties within the boundaries of the area of operations be present for this briefing.
10. The operator will file a FAA form 7711

- 1 or its equivalent as modified in light of the requested exemption with the appropriate Flight Standards Distri ct Office (FSDO).
11. The operator will obtain the consent of all persons involved in the video recording and ensure that onl y consenting persons will be allowed within 100 feet of the flight operation and this radius may

be reduced to 30 feet based upon an e quivalent level of safet y as described in the GOM. With the advance permission of the relevant FSDO operations at closer range can be approved.
12. The operator will submit a written Plan of Activities to the FSDO three days before the proposed shoot as requi red in the GOM.
13. All Chroma Production LLC crews will be trained in operations of UAS generall y and will receive up

- to

- date information on the particular UAS to be operated as required in the GOM.
14. Observer and Pilot will at all times be able to communicate b y voice.
15. Written and/or oral permission from the relevant propert y holders will be obtained.
16. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire o r other appropriate governmental agencies.
17. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a predetermined location within the security perimeter and land.
18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
**14 C.F.R. Part**  **21, Subpart H: Airworthiness Certifi** **cates 14 C.F.R. *91.203 (a) (1)** 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 and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y und er Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. *44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity

to airports, power plants, fuel depots and populated areas of the particular UAS. In the restricted environment and under the conditions proposed will be at least as safe as or saferthan a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restri ctions and conditions proposed. The sUAS to be operated hereunder is less than 551bs. fully loaded, carries neither a pilot nor passenger, carries no explosi ve materials or flammable liquid fuels and operates exclusively within a secured area as set out in the General Operating Manual. Unlike other civil aircraft operations under this exemption will be tightly controlled and monitored by both the operator purs uant to the manual's requirements as well as under the requirements and in compliance with bcal public safety

requirements, to provide security for the area of operation as is now done with conventional video recording. The FAA will have advance notice of all operations. These safet y enhancements, which alread y applies to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safet y to the public and propert y owners than conventional operations condu cted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed and operation, location o f operation, lack of explosive materials or flammable liquid fuels and inability to car ry a substantial external load.
**14** **C.F.R. *45.23 (b). Marking of the** **Aircraft** The regulation requires: When marks include only the Roman capital letter "N" and the re gistration number is display ed on limited restricted or light

- sport category aircraft or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit or pilot station in letters not less than 2 inches nor more than 6 inches high, the words "limited", "restricted", "light

- sport", "experimental" or "provisional" as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the size of the sUAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in comp liance with *45.29 (f). The equivalent level of safet y will be provided b y having the sUAS marked on its fuselage as required b y *45.29 (f) where the pilot, observer and others working with the sUAS will see the identification of the UAS as "Experimental". The FAA has issued the following exem ptions to this Exemptions Nos.10700,8738, 10167and 10167A. **14 C.F.R. *61.113 (a) & (b): Private Pilot Privileges and** **limitations: Pilot in Command.** Sections 61 .113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS does not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations by requiring the PI C operating the aircraft to operate under the supervision of a private pilot's license holder rather than a commercial pilot's license holder. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. Thearea of operation is controlled and restricted, theflights are planned and coordinated in advan ce as set forth in the GOM. The level of safet y

provided b y the requirements included in the GOM exceeds thatprovided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted that allowing operations of the sUASas requested with a private pilot in a supervisory role aiding the PI C exceeds the present level of safety

achieved by

14 C.F.R. *61.113 (a) &(b). **14 C.F.R. *91.7(a): Civil aircraft** **airworthiness.** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the General Operating Manual for maintenance as well as use of safety check lists prior to each flight, an equivalent le vel of safet y will be provided. **14 C.F.R. *91.9(b) (2): Civil Aircraft** **Flight Manual in the Aircraft.** Section 91.9 (b) (2) provides: No person may

operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y *21.5 of this chapter, unless there is available in the aircraft a current approved airplane or rotorcraft flight manual, approved manual material, marking and plac ard or any combination thereof. The sUAS given its size and configuration has no ability or place to carry

such a flight manual on the aircraft, not only

because there is no pilot on board but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safet y will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 87 38, 9299, 9299A, 9565, 95658 , 10167, 1 01 67A, 10602, 32827 and 10700.
**14** **C.F.R. *91.103: Prefight action.** This regulation requires each pilot in command to take certain actions before flight to insure the safet y of the flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safet y will be provided as set forth in the Aircraft Operation Manual (AOM) for each UAS. The PI C will take all actions as described in the GOM and AO M.
**14 C.F.R**  **. *91.109: Flight instructions:**Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is been used for flight instruction unless that aircraft has full y functioning dual controls. sUAS and rem otely piloted aircraft, by

their design do not have fully functional controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. 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 is provided b y the fact that neither a pilot nor passenger will be carrie d in the aircraft and by the size and speed of the aircraft.
**14 C.F.R.**  ***91.119: Minimum safe altitudes**
**.** Section 91.119 establishes safe altitudes for operation for civil aircraft. Section 91 .119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters b y the FAA. As this exemption is for sUAS that is a helicopter and the exemption requests authorit y to operate at altitudes up to 400 feet Above Ground Level (AGL) or not more than 200 feet above an elevated platform from which video recording is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Gene ral Operating Manual, the UAS will never operate at higher than 400 feet AGL. It will, however, be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained notificat ion and consent when required. The equivalent level of safet y will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the propert y owner or local officials. Becau se of the advance notice to the property owner and participants in the video recording activity , all affected individuals will be aware of the planned fight operation as set forth in the GOM. Compared to fight operations with aircraft or rotorcraft weighti ng far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500 AGL in the movie industry. In add ition, the low

altitude operations of the sUAS will ensur e separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.
**14** **C.F.R. *91.121Aitimeter** **Settings**
**.** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altim eter but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safet y will be the operator, pursuant to the General Operating Manual and Safety check list, confirming the altitude of the launch site shown on the GPS altitude i ndicator before fight. **14 C.F.R. *91.151(a): Fuel Requirements for Flight in** **VFR Conditions**
**.**Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane 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 45 minutes. Chroma Productions LLC requests relief from Section 91.151 due to the battery life that powers the sUAS. Ty

pical aerial batteries provide approximately 40 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR *91.151, sUAS flights would be limited to approx imately

10 minutes in length. In relief of the 30

- minute reserve, given the limitations on the UAS's proposed area of predetermined operation, a longer time frame for flight might be reasonable. As per Chroma Production LLC’s GOM, flight times will never e xceed 75% of the battery (s) consumption or 25% re serve; whichever happens first. Applicants believes that an exemption from 14 CFR *91.1519(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the sUAS in tightly controlled area where onl y people and propert y owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the ty pe of risk that Section 91.151 (a) was intended to alleviate given the size and speed of the small UAS. Additionally , limiting sUAS flights to 10 minutes would greatl y reduce the utility for which the exemption will be granted. Applicant believe that an equivalent level of safety can be achieved by

limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from an ywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptio n 2689F, 5745, 10673 and 10808.
**14** **C.F.R. *91.203 (a) & (b): Carrying Civil Aircraft** **Certification and Registration**
**.** The regulat ion provides in pertinent part: (a) Excep t as provided in *91. 715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate ... (a) 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 display ed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully

loaded weighs no more than 55 lbs. and is operated without an on board pilot. As such, there is no ability

or place to carry

certification and registration documents or to display them on the sUAS. Each sUA S operated b y Chroma Productions LLC will be registered with the FAA and all d ocumentation carried by the PI C.An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot fl yi ng the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665 , 9789, 9789A, 9816A and 10700.
**14** **C.F.R. *91** **.405(a); 404(a) (1);409(a) (2); 417(a) & (b): Maintenance Inspections** 
**.** These regulations require 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 ... " and others shall inspect or maintain the aircr aft in compliance with Part 43. Given that these sections and Part 43 appl y only to airc raft with airworthiness certificate, these sections will not apply

to the applicant. Maintenance will be accomplished by the operator pursuant to the guidelines set forth in the maintenance manuals designed for each UAS. An equivalent level of safet y wi ll be achieved because these small UASs are very limited in size and will carry

a small payload as well as operate only in restricted areas for limited periods of time. I f mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the GOM, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance and keep a log of an y maintenance performed. Moreover, the operator is the person most familia r with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safet y. Pursuant to 14C.F.R Part 11 , the following summary is provided for publication in the Federal Register, should it be determi ned that publication is needed: Chroma Productions LLC seeks an exemption from the following rules: 14 C.F.R. *21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. *61.113(a) & (b); 91 .7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.405(a); 91.407(a) (1 ); 91.409 (a) (2); and 91.417(a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in video recor ding and television operations. Approval of exemptions allowing commercial operations of sUAS in the video recording and creation industry

will enhance safet y b y reducing risk. Conventional video recording operations using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being recorded and in extreme proximity to peop le and structures and present the risks associated with vehicles that weigh approximately 4000 lbs. and carry

large amounts of jet A or other fuel (1 40 gallons for jet helicopters, e.g.). Such aircraft must fly to and from the record location. In contrast , a sUAS weighing fewer than 551bs and powered b y batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the record location and not flown. The sUAS will carry no passeng ers or crew and therefore will not expose them to the risks associated with manned aircraft flights.The operation of small UASs weighing less than 55 lbs., conducted in the stri ct conditions

outlined above w ill provide an equivalent level of safet y sup porting the grant of the exemption request herein, including exempting the applicant from the requirements of Part 2 1 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground and in a sterile environment a nd as a result are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the groun d and people. **Privacy** All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Video recording w ill be of people who have also consented to being video recorded or otherwise have agreed to be in the area where the v ideo recording will take place. Satisfaction of the criteria provided in Section 333 of the Refo rm Act of 2012

- size, weight, speed . operating capabilities, proximity to airports and populated areas , as well as operation within v isual line of sight and national security

- provide more than adequate justification for the grant of the requested exempt ions allowing commercial operation of applicant's UAS in the motion picture and television industry pursuant to the Manual appended her eto. Accordingl y, Chroma Productions LLC respectfully requests that the FAA grant its exemption request set forth herein. Respectfully ,

Vincent Manganello Owner Chroma Productions LLC Indianapolis, IN 46220 (317) 730

- 2881