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 LaBargeOperations 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 fort h 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 O perations Manuals. Unconscious Genius Productions willoperate 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 safeoperation 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 90Vday 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 'sCOA. 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 SETTINGSUnconscious 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 14CFR 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