August 19, 2015

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition of Unconscious Genius Productions for Exemption Pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012.

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Unconscious Genius Productions hereby applies for an exemption from Federal 

Aviation Regulations (FARs) identified below, to allow commercial operations of smallV

unmanned aerial system (sUAS). 

The exemption is based upon information outlined in this document, the DJI Phantom 3 

Professional manufacturer manual and guides, and any other requirements established by 

the FAA pursuant to Section 333 of the Reform Act. 

This exemption would permit commercial operations by Unconscious Genius 

Productions, which will use the DJI Phantom 3 Professional to conduct general 

photography and videography, real estate photography and videography, film and movie 

production, and any other related activities that can utilize the safe and efficient 

operation of sUAS aircraft. Unconscious Genius Production’s operation under the 

exemption will be subject to strict operating requirements and conditions to ensure a 

level of safety equivalent to that of currently authorized operations using manned aircraft 

and under conditions as may be modified by the FAA as required by Section 333. 

Unconscious Genius Productions will operate under controlled visual flight rules (VFR) 

conditions at low altitude in airspace that is permitted in accordance with the approved 

Certificate of Authorization (COA). Unconscious Genius Productions will operate the 

sUAS with pilots who possess a minimum of an FAA Sport Pilot Certificate. Finally, the 

FAA Air Traffic Control (ATC) will approve in advance the airspace in which the sUAS 

will operate. 

615-830-0723 1 7 K I M B E R LY D R I V E S O U T H H A D L E Y, M A 0 1 0 7 5 	 
 

PHONE ADDRESS 

Unconscious Genius Productions 

Dimitri Mark LaBarge
Operations in compliance with the attached operating manuals will insure that the UAS 

aircraft will "not create a hazard to users of the national airspace system, the public, the 

PIC, and the film production crew" and that the aircraft shall operate in compliance with 

the conditions set forth in this application. 

Unconscious Genius Productions respectfully submits this request for an exemption due 

to its operation of sUAS aircraft. Given the small size of the Phantom 3 Professional 

UAS aircraft, and the restricted environment in which they will operate, the FAA can 

have confidence that Unconscious Genius Productions operations will be conducted at 

an equivalent level or greater level of safety than comparable larger manned aircraft. 

Approval of this exemption would therefore enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the 

Reform Act to “establish requirements for the safe operation of such aircraft systems in 

the national airspace system.” 

PETITIONER 

Unconscious Genius Productions is based in South Hadley, Massachusetts. It specializes in 

general videography, real estate photography, and film and movie production. UAS 

videography will complement our existing range of videography services. 

All qualified employees will be fully trained on safety protocols for the Phantom 3 

Professional sUAS aircraft, including being fullyVup to date on the aircraft operational 

manuals and updates as they are issued. Pilots will also conduct preVflight inspections to 

identify any possible hazards or risks to the aircraft, pilot in control, observers or anyone 

else involved in the flight. 

The contact information for Unconscious Genius is as follows: 

Unconscious Genius Productions 

Dimitri Mark LaBarge, Owner 

17 Kimberly Drive 

South Hadley, MA 01075 

STATUTORY AUTHORITY 

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the 

integration of civil unmanned aircraft systems into the national airspace system." Pursuant 

to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain 

unmanned aircraft systems may operate safely in the National Airspace (NAS) before 

completion of the formal UAS ruleVmaking, based on the following considerations: 
 The weight, speed, and operational capability of the UAS aircraft

 Operating the UAS in a relatively close proximity to airports or other populated 

areas 

UAS aircraft will be in direct visual lineVofVsight with the observer and pilot 

If the Secretary determines that such vehicles “may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of such 

aircraft in the National Airspace System.” 

Additionally, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and (2) would not 

adversely affect safety (or how it would provide a level of safety at least equal to the 

existing rules). 

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 40101 of the Act, from the requirement that all civil aircraft must have a 

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 under subsection (a) or (b) of this section or any of sections. 

QUALIFICATIONS FOR EXEMPTION UNDER SECTION 333 OF THE REFORM 

ACT

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant 

factors are satisfied. The proposed operations would permit Unconscious Genius 

Productions the use of the specified sUAS aircraft under controlled conditions in airspace 

that is: (1) predetermined; (2) exercises controlled access; and that (3) provides an 

increased level of safety beyond existing comparable operations when fixed or rotary 

winged aircraft are used. 

Unconscious Genius Productions uses sUAS aircraft that are multiVrotor, weighing less 

than 25 pounds including payload. They operate, under normal conditions, at speeds not 

to exceed 45 mph. They have the capability to hover in a location and move in the 

vertical and horizontal plane. 

The UAS aircraft listed by Unconscious Genius Productions will operate in lineVofVsight, 

under VFR flight conditions, and within the guidelines of a sterile environment which is 

outlined in the attached DJI Operations Manuals. Unconscious Genius Productions will 
operate at or below 400 feet Above Ground Level (AGL) and will file a Notice to 

Airmen (NOTAM) for each flight operated in controlled airspace. 

All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies prior to operating a sUAS. Given the small size of the UASs 

involved and the restricted sterile environment that they will operate in, this exemption 

falls within the zone of safety and demonstrates an equivalent level of safety, in which 

Congress desired the FAA to permit commercial UAS operations by exemption pending 

completion of formal ruleVmaking. Also, due to the aforementioned conditions, approval 

of the application presents no hazard in the NAS. 

Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, the grant of the requested 

exemptions is also in the public interest. 

DESCRIPTION OF UAS OPERATIONS

Below is a summary of operational limitations and conditions that will ensure an 

equivalent or higher level of safety to operations conducted under current regulatory 

guidelines. 

1. The UAS must weigh less than 55 pounds, including energy source(s) and 

equipment. 

Operations will be limited to the aircraft described in the proprietary manuals; 

2. The UAS may not be flown at a ground speed in excess of 50 knots. 

3. Flights must be operated at an altitude of no more than 400 feet above ground level 

(AGL) as indicated by the procedures specified in the "operators' manuals". All 

altitudes reported to ATC must be in feet AGL. 

4. The UAS must be operated within visual line of sight (VLOS) of the Pilot in 

Command (PIC) at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on the PIC's FAAV

issued medical certificate. 

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy 

the requirement, as long as the PIC always maintains VLOS capability. The VO and 

PIC must be able to communicate verbally at all times. 

6. Prior to each flight the PIC will inspect the UAS to ensure that it is airworthy, and 

in condition for a safe flight. If the inspection reveals a condition that affects the safe 
operation of the UAS, the aircraft will not be operated until the necessary 

maintenance or repair has been performed and the UAS is found to be airworthy and 

in condition for safe flight. The Ground Control Station, if utilized, will be included 

in the preflight inspection. All maintenance, modifications and repairs will be 

properly documented in the aircraft records. 

7. Any UAS that has undergone maintenance or modifications that affect the 

operation or flight characteristics of the UAS, e.g. replacement of a flight critical 

component, must undergo a functional test flight in accordance with the manual. The 

PIC who conducts the functional test flight must document it with an entry in the 

UAS aircraft records of the flight. The requirements and procedures for a functional 

test flight and a protocol for aircraft record entry must be added to the manual. 

8. The operator will follow the manufacturer 's UAS aircraft and component 

maintenance, overhaul, replacement, inspection, software and firmware upgrade, and 

life limit requirements. 

9. The PIC will possess at minimum, a private pilot certificate and a State Issued 

Drivers License. The PIC will also meet the flight review requirements specified in 14 

C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

10. Prior to operations conducted for the Purpose, the PIC will have accumulated and 

logged, in a manner consistent with 14 C.F.R. § 61 .5 1 (b), 25 hours of total time as a 

UAS rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS 

type (single blade or multiVrotor). Prior documented flight experience that was 

obtained in compliance with applicable regulations will be used to satisfy this 

requirement. Training, proficiency, and experience building flights may also be 

conducted under this exemption to accomplish the required flight cycles and flight 

time. During training, proficiency, and experience building flights, all persons not 

essential for flight operations will be considered nonVparticipants, and the PIC will 

operate the sUAS aircraft with appropriate distance from nonVparticipants in 

accordance with 14 C.F.R. § 91.119. 

11. Prior to operations conducted for the purpose of motion picture filming, real 

estate videography (or similar operations), the PIC must have accumulated and 

logged, in a manner consistent with 14 C.F.R. §61.5 1(b), a minimum of five hours as 

UAS pilot, operating the make and model of UAS to be utilized for operations under 

the exemption, in addition to three takeVoffs and landings within the preceding 90 

days. 

Under this exemption, the PIC must operate the UA an appropriate distance away 

from nonparticipants in accordance with 14 C.F.R. § 91.119., during training, 

proficiency, experience building, and take off and landing flights in order to 

accomplish the required flight time and to remain current within the prescribed 90V
day period. "Nonparticipants" are defined as all persons who are not essential for flight 

operations. 

The UAS will not be operated directly over any person, or below an altitude that is 

hazardous to persons or property on the surface in the event of a UAS failure or 

emergency, except necessary authorized and consenting personnel 

12. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and I or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must cease immediately 

and I or; 

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, and; 

Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.11 9(a). 

All operations shall be conducted over private or controlledVaccess property with 

permission from the property owner, controller, or authorized representative. 

Permission from property owner, controller or authorized representative will be 

obtained for each flight to be conducted. 

13. Prior to any flight "operator" will only be required to obtain an Air Traffic 

Organization (ATO) issued Certificate of Waiver or Authorization (COA) for flights 

that are conducted at heights greater than 400 AGL; in other than Class G airspace; 

and closer than 5 miles from the geographic center of a nonVtowered airport, without 

a letter of agreement with the airport manager. If requested, Operator will provide 

telephonic advanced notice to an ATO or file a NOTAM for any flight not requiring a 

COA. 

14. If the UAS loses communications or loses its Global Positioning System (GPS) 

signal, the UAS will be programmed to return to a preVdetermined location within 

the security perimeter and land or be recovered in accordance with the operational 

manual. 
15. The UAS will abort the flight in the event of unpredicted obstacles or emergencies 

in accordance with the operational manual. 

16. Each UAS operation will be completed within 25 minutes flight time or with 25% 

battery power remaining, whichever occurs first. 

17. All aircraft operated in accordance with this exemption will be identified by serial 

number, registered in accordance with 1 4 C.F.R. part 47, and have identification (NV 

Number) markings in accordance with 14 C.F.R. part 45, subpart C. Markings will be 

as large as practicable. 

18. The operator will institute procedures to document and maintain a record of 

theUAS maintenance, preventative maintenance, modifications, overhaul or 

replacement of component parts and the total time in service of the UAS. 

19. Each UAS operated under this exemption will comply with all manufacturer 

Safety Bulletins, hardware updates or software updates. 

20. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

21. The documents required under 14 C.F.R. §§ 91.9 and 91.203 will be available to 

the PIC at the ground control station of the UAS any time the aircraft is operating. 

These documents will be made available to the Administrator or any law 

enforcement official upon request. 

22. The UA will remain clear of and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultra light vehicles, 

parachute activities, parasailing activities, hang gliders, etc.). 

23. UAS operations will not be conducted during night, as defined in 14 C.F.R. § 1.1. 

All operations will be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) will not be undertaken. 

24. The UAS will not be operated by the PIC from any moving device or vehicle. 

25. The UA will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC

26. The UA will not operate in Class B, C, or D airspace without written approval 

from the FAA. The UA will not operate within 5 nautical miles of the geographic 

center of a nonVtowered airport as denoted on a current FAAVpublished aeronautical 

chart unless a letter of agreement with that airport 's management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the operator 's 
COA. The letter of agreement with the airport management will be made available to 

the Administrator upon request. 

27. Any incident, accident, that occurs with in the boundaries of the operational area 

as defined by the applicable COA will be reported to the Federal Aviation 

Administration 's (FAA) UAS Integration Office (AFSV80) within 24 hours. Accidents 

will be repo1ted to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. Further flight operations will cease 

until such time as the incident, accident, or transgression i s reviewed by UAS 

Integration Office (AFSV80) and authorization to resume operations is provided. 

28. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and 

the UAS operations must comply with all applicable parts of 14 C.F.R. including , but 

not limited to, parts 45 , 47 , 61, and 91. 

REGULATIONS FROMWHICH EXEMPTION IS REQUESTED

14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in 

Command 

14 CFR § 91.103: Preflight Action 

14 CFR § 91.109(a): Flight Instruction 

14 CFR § 91.113: RightVofVWay Rules 

14 CFR § 91.119 (c): Minimum Safe Altitudes 

14 CFR § 91.121: Altimeter Settings 

14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions 

14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections 

14 C.F.R. § 61.113(A) AND (B): PRIVATE PILOT PRIVILEGES AND LIMITATIONS: 

PILOT IN COMMAND

Section 14 61.113 (a) & (b) limit private pilots to nonVcommercial operations. 

Conventional aircraft carry a pilot, passengers, and cargo during their operations. Having 

this rule in place ensures the skill and competency of the pilots. However, the DJI sUAS 

aircraft are controlled remotely and do not carry any passengers or cargo. Unconscious 

Genius Productions respectfully proposes that the FAA take into account the 

characteristics and procedures of the particular UAS in reference to requirements for PIC. 

Unconscious Genius Productions proposes that their operations of the DJI Phantom 3 

Professional sUAS aircraft in commercial use not require the Pilot to hold a commercial 

pilot certificate but rather a private pilot certificate. 

Unlike conventional aircraft that carries pilot and passengers, the UAS is remotely 

controlled with no living thing on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance. 
Unconscious Genius Productions will utilize both a PIC and a Visual Observer to increase 

safety during commercial flight operations. While the PIC is concentrating on flying the 

UAS, the Visual Observer has the ability oversee safety of the entire operation. The 

Visual Observer will always remain within 10 feet of the PIC when the UAS is airborne 

to quickly communicate any observations if an emergency should happen. Unconscious 

Genius Productions respectfully requests the option to use a PIC and Visual Observer 

crew and the second crewmember not having to possess a private pilot certificate. 

14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES

Unconscious Genius Productions requests an exemption from the minimum safe altitude 

requirements of 14 CFR 91.119 that details the minimum safe altitudes under which 

aircraft may operate: 

Over any congested area of a city, town, or settlement, or over any open air assembly of 

persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 

2,000 feet of the aircraft. 

Over other than congested areas at an altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. 

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes 

when it can be operated "without hazard to persons or property on the surface," provided 

that "each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA." The UAS is normally operated at or 

below 400 feet AGL. Additionally, due to the nature of the proposed operations, the 

sUAS aircraft will maintain a lateral distance of at least 100 feet from inhabited 

structures, buildings, vehicles, and vessels, and from people not associated with the 

operation. 

The equivalent level of safety 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 property owner, facility owner and local officials. Because of the 

advance notice to the property owner and participants, all affected individuals will be 

aware of the planned flight operations as set forth in the operational manual. Compared 

to flight operations with aircraft or rotorcraft weighing 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 presently presented with conventional aircraft operating 

at or below 500 AGL in the aerial photography industry. In addition, the lowValtitude 

operations of the UAS will ensure separation between these smallVUAS operations and 

the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. § 91.121: ALTIMETER SETTINGS
Unconscious Genius Productions is seeking an exemption from 14 CFR 91.121, which 

requires a person operating an aircraft to maintain cruising altitude or flight level by 

reference to an altimeter that is set to the elevation of the departure airport or barometric 

pressure. An exemption is required because the listed UAS aircraft have GPS altitude 

readouts as opposed to barometric altimeters. 

14 C.F.R. § 91.151(A): FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS

Section 91.151 states: 

No person may begin 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 – 

During the day, to fly after that for at least 25 minutes; or 

At night, to fly after that for at least 45 minutes. 

The batteries that power the DJI Phantom 3 Professional aircraft provide up to 24 

minutes of powered flight for the DJI. To meet the 25Vminute reserve requirement in 14 

CFR 91.151, it would be impossible to conduct UAS flights with the specified aircraft. 

Given the limitations on the sUAS proposed flight area and the location of its proposed 

operations within a predetermined area, a safety margin based on a reserve amount of 

battery life is needed. 

Equivalent safety for this regulation will be achieved because the operations will be 

conducted onV site without significant transit time by the sUAS. Flights will terminate 

with no less than 25% of reserve power remaining (as will be indicated by the initial low 

power warning of the DJI Pilot software, which triggers at approximately 33 percent of 

remaining flight time). This will enable the Phantom 3 Professional to perform a safe 

return to its home location within any point of operation. 

The fuel requirement guidelines of Section 91.151(a) were intended to eliminate risks for 

larger aircraft that can operate great distances from suitable landing areas. Due to the 

limited distance that the Phantom 3 Professional aircraft can fly, the minimal flight area, 

and visual lineVofVsight operations, the sUAS aircraft maintain the ability to quickly 

return to their pointVofVorigin when necessary. 

 

14 C.F.R. §§ 91.405(A); 407(A)(L); 409(A)(2); 417(A) AND (B): MAINTENANCE 

INSPECTIONS

Unconscious Genius Productions requests an exemption from the maintenance inspection 

requirements contained in 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and 

(b). ). These regulations specify maintenance and inspection standards in reference to 14 
CFR Part 43. 14 CFR 91.405(a) states that each owner or operator of an aircraft "shall have 

the aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections ...have discrepancies repaired as prescribed in part 43 of this chapter". Part 43 

and these sections only apply to aircraft with an airworthiness certificate; therefore an 

exemption to these regulations is needed, as the sUASs Unconscious Genius 

Productions operates will not posses an airworthiness certificate. 

In the event of mechanical issues, the Phantom 3 Professional has the capability to land 

immediately. In addition, the UAS will operate no higher than 400 AGL. 

The operator will conduct a complete preflight inspection of the UAS aircraft before all 

operations and perform and log any required maintenance. The operator will also 

determine that the aircraft is in an airworthy condition, providing the equivalent level of 

safety. 

PUBLIC INTEREST 

Approval of this exemption request furthers the public interest in several areas. 

Traditionally, commercial applications for motion picture filming and videography have 

required the use conventional jet or pistonVpowered aircraft, often at very risky altitudes 

and proximity to crew, civilians on the ground, and structures. Also, conventional aircraft, 

unlike light, stabilized and adaptable UAS aircraft, are bulky, heavy, and rely on 

dangerous and combustible fuel sources. In comparison to conventional aircraft, UAV 

aircraft provide a dramatically increased margin of safety.

UAV operations are also becoming prevalent in real estate videography. The small size of 

UAS aircraft such as the Phantom 3 Professional enables the dramatic capture of 

stabilized residential and commercial imagery, much less unobtrusively, safely, and costV

effectively than bulky and noisy commercial aircraft such as manned helicopters. 

In meeting the criteria provided in Section 333 of the Reform Act of 2012, considering the 

size, speed, capabilities, utilization of visual lineVofVsight, and operating constraints around 

controlled airspace and populated areas, Unconscious Genius Productions has 

demonstrated justification for the grant of the requested exemptions to operate sUAS 

aircraft in the defined areas. 

Approval of this exemption request will allow Unconscious Genius Productions, to 

conduct commercial operations with smallVunmanned aerial systems. Due to the size of 

the DJI Phantom 3 Professional, weight, lack of flammable fuel, and lack of passengers or 

crew on board, the risk to the general public and property owners are virtually eliminated 

and justify this request for exemption of the specified regulations. 
Sincerely, 

Dimitri Mark LaBarge 

Owner, Unconscious Genius Productions 

August 19, 2015