December 24 , 2015

U.S. Department of Transportation
Docket Management S y stem
1200 New Jersey Ave. S.E. Washington, D.C. 20590

RE: Request for Exemption under Section 333 of the FAA Reform and Modernization

Act of 2012 and Part 11 and Part 21 of t he Federal Aviation Regulations from: 14 C.F.R.
21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.21; 14 C.F.R.
45.23; 14 C.F.R. 45.23(b); 14 C.F.R. 45.25; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R.
47.3(b)(2); 14 C.F.R. 47.31(c); 14 C .F.R. 61.113; 14 C.F.R. 61.113(a) and (b); 14 C.F.R.
91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R
91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.113(b); 14 C.F.R. 91.115; 14 C.F.R. 91.119; 14
C.F.R. 91.119(b)(c); 14 C.F.R. 19. 121; 14 C.F.R. 91.151; 14 C.F.R. 91.151(a); 14 C .F.R.
91.203(a) and (b); 14 C.F.R. 91.215; 14 C.F.R. 91.403; 14 C.F.R. 91.405; 14 C.F.R.
19.405(a) and (b ) ; 14 C.F.R. 91.407; 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409; 14 C.F.R.
91.409(a)(2) and 14 C.F.R 91.4 1 7; 14 C.F.R. 91.417(a) and (b)

.

Dear Sir or Mada m :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11 and Part 21, I, Carl R. Hale, President/Owner of Hale & Hearty, Inc, an Entertainment
Film a nd Video Prod uction Company and operator of s mall Unmanned Aircraft Systems or (UAS) equipped to conduct aerial still and cinematography in closed set filming in motion picture and television production, corporate/industrial asset inspection and marketing, and media for entertain ment and/or news organizations hereby petitions for an Exemption from the listed Federal Aviation Regulation or (FARs) to permit commercial operation of its UAS, so long as such operations are
conducted within and under the conditio ns outlined herein or as may be established by the FAA as required by Section 333. The intended utilization of the UAS operations contemplated by this petition is in the public interest because it clearly satisfies the Four D’s of exemplary uses of UAS: to replace work that is Dangerous, Difficult, Dull, or Dirty, while simultaneously providing an equivalent or greater level of safety than approved manned aircraft operations.

Hale & Hearty, Inc. referred to herein as H&H, is a television production company that has provided video footage commercially for over 30 years. H&H's President and Director of Photography (D P) has held a private pilot certificate for 40 years. He has overseen many fixed

- wing and rotorcraft

_______________________________________ ________________________________ Hale & Hearty, Inc. • 768 Harpeth Bend Drive, Nashville, TN 37221 • (615) 673

- 0015 Mailing Address: P.O. Box 210795, Nashville, TN 37221

Carl R. Hale (Randy)

– President • randyhale@aol.com2 U.S. Department of Transportation
Docket Management S y stem

12/24 / 20 15

Page Two

aerial produ ctions as D P and worked direct ly with the pilot in command (PIC) and production

management to insure s afe and well executed aerial operation s

.

H&H seeks to provide aerial photog raphic services that are in demand from it's clients at a greatly reduced cost and an even greater amount of safety to both crew and the public via the use of UAS

. H&H seeks to build on its years of successful and safe production operations in the motion p icture and television production, corporate/industrial and news organizations to offer UAS as an altern ative to other aircraft options.

The intended utilization of the UAS operations contemplated by this petition is in the public interest

because it wil l clearly lower the risk to persons and property over alternative aerial photography from fixed wing and rotorcraft flight.

Because of FAA restrictions as well as the H&H internal flight operations policies and operating procedures for UAS

, (see attach ed Exhibit #1: Hale and Hearty, Inc. Motion Picture and Television Operations Manual : MPTOM )

, using a UAS to capture aerial footage is, first and for e most, safer both

the production crew and the public b y reducing risk, but also is much less complicated to c ommercially produce and at a significantly reduced cost allowing more opportunities and commerce for H&H. And, in fact, a UAS offers as much or sometimes more value to a production than conventional manned

aircraft photography

.

Thank you for the opportun ity to enhance and further my flying experience, provide requested services for our existing a nd potential commercial clients and to participate in the rapid growth and safety procedures in the UAS flying community.

Sincerely,

Carl R. Hale; President / Hale & Hearty, INC., Private PilotI 

### Table of Contents

I . Publishable Summary

...... ....... .. ........................... .......................................... ... ... 1

II. Petitioner’s Cont ac t I nformation ............................................

.. ........................4

III. H&H Operation(s) ......................

............................. ..................... ................. .........5

A. UAS (DJI Phantom 3 Professional)

............ ....... .......................................... .... ..5

B. Flight Conditions ......

............ ..................... ... ........................................... ... .. 6

1 . Scripted Closed

- Set Filming and Videograp h y

... .................. ....................... ... 6
2. Aerial Photograp h y ........................

....................... ............................... ..... 6

3. Aerial Utilit y Compan y Inspection

. ... ................... ............ ......................... .....6

C. Flight Operations ........................

........................ ......................................... .. 7

I V

. Privacy

.......................................................................................... ... ......7

V. Aircraft and Equivalent Level of Safe t y ......................................................

.. ...8

V I

. Public I nterest and Safety

........................................................................ ... 11

VII. R e gulations from which Exemption is Requested .......................................

... ... ..11

A. 14	C.F.R.	21(h):	Airworthiness	Certificates	....................................

.................... ......11

B. 14 C.F.R. 43.7: Persons autho rized to approv e aircraft, airframes, aircraft
engines, propellers, appliances, or component parts for return to service after maintenance, prevent at ive maintenance, rebuilding, or alteratio n....................... 12

C. 14 C.F.R. 43.11: Content , form, and disposi tion of records for inspections
conducted under parts 9 1 , 125, 135.411(a)(1) and 135.419 of this chapter

... ....... 11

D. 14 C.F.R. 45.11: Marking of products ......

........ ......................................... .... ....12

E. 14 C.F.R . 45.21: General .................................

........... ...................... ... ... ..12

F. 14 C.F.R. 45.23: Display of marks; general ..................

............. .............. .. ...12

G. 14 C.F.R. 45.25: L ocation of marks on fixed

- wing aircraft

. ... .................. ........... 13

H

. 14 C.F.R. 45.27: L ocation of marks; non fixed

- wing aircraft ...

...................... .. ..13

I

. 14 C .F.R. 45.29: Size of marks ............

.............. ........................................... ...13

J

. 14 C.F.R. 47.3(b)(2): Registration required ......

.......... ..... ............................... ...14

K. 14 C.F.R. 47.31(c): Application .................

.............. .................................... . .. . 14

L

. 14 C.F.R. 61.113: Priva t e Pilot Privileges and Limitations: Pilot in Command

... 14

M. 14 C.F.R. 61.113(a) and (b) : Private Pilot Certificate and Act as Pilot in

Command

............. ........................................... ..................................................... . 16

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

............ ........ .......... ... ...18II O. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, markings, and placard
requirem ents

........................................................................................................... 18

P. 14 C.F.R. 91.9(c): Civ il aircraft flight manual, markings, and placard
requirements

.......................................................................................................... 18

Q. 14 C.F.R. 91.103: Flight preparation .................................

.......... .......... .... . 19

R

. 14 C.F.R. 91.103(a)(b)(1)and(2): Preflight procedures and actions ...

...... ......... .. 19

S

. 14 C.F.R. 91.105: Flight crewmembers at stations ........................

... ......... .. .20

T. 14 C.F.R. 91.109: Flight instructi on: Sim ulated instrument flight and ce rtain

flight tests

............................................................................................................... 20

U. 14 C.F.R. 91.113(b): Righ t

- o f

- wa y rules: Except water operations...................... 20

V. 14 C.F.R. 91.115: Right

- o f

- wa y rules: Water operations .....................

... .. ... 21

W

. 14 C.F.R. 91.119: Takeoff and Landing .........

.. ........................................... ..... .21

X. 14 C.F.R. 91.119(b) and (c): Minimum safe altitudes: General ......

.... .......... .... .22

Y. 14 C. F.R. 91.121: Altimeter Settings .......................................

...... .. ........ 23

Z

. 14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions ......

.. ... ....... .23

A A. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required .........

... ... . 24

BB

. 14 C.F.R. 9 1.215: ATC Transponder and Altitude Report ing Equipment

and use...

................................................................................. .............................. . 26

CC

. 14 C.F.R. 91.403: G eneral ........................................

............. ......... .... .... .26

D D. 14 C.F.R. 91.405(a) and (b): Maintenance Required ...

................. .. ..................... 26

EE. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance,

rebuilding o r alteration...................................

........... ......... .. ........... ................... .... 27

FF

. 14 C.F.R. 91.407(a)(1): Operation after maint enance, preventive maintenance,
rebuilding or alteration .................................

.......... ............................... ..... 27

G G. 14 C.F.R. 91.4 09: I nspections ...........................

.. ................................. .... ...28

H H. 14 C.F.R. 91.409(a)(2): aircraft issuance of airwo rthiness certificate inspection 28

I I

. 14 C.F.R. 91.417: Maintenance records ..............................

. ................. . .... 29

J J

. 14 C.F .R. 91.417(a) and (b): Owner/Operator records of

maintenanc e for aircraft.............................................................

......................... ... 29
Exemption Summary

........................... ....................................... ... .................... ................... 30III 

### Exhibit List

Exhibit 1 : H&H Motion Picture and Television Operations Manual (MPTOM)..... ......

.... ..........31

File name is: Exh1_ MPTOM_Hale_Hearty.pdf

Exh ibit 2 : DJI Phantom 3 Professional User Manual .................

....................... ........................ ... 31

File name s are : Exh2A_DJI_Phantom3PRO_userManual__P1

- 25.pdf Exh2B_DJI_Phantom3PRO_userManual_P26

- 59.pdf

Exhibit 3 : Barne s, M.J.; Knapp, B.G.; Tillman, B.W.; Walters, B.A. and Veliki, D. (2000).

C

rew Systems Analysis of Unmanned Aerial Vehicle (UAV) Future Job
and Tasking Environments. Technical Report AR L

- T R

- 2081, Aberdeen Proving

Ground, MD.: Arm y Research Laborator y

. ................................................................ 32

File name is: Exh 3_ADA374230.pdf

Exhibit 4 : Williams, K.W. (2007). Unmanned Aircraft Pilot Medical Certification Requirements, Report DOT/FAA/Am

- 07/3, FAA Civil Aerospace Medical Institute

..... ............. 32

File name is: Exh 4_ua

- pilot_medical.pdf

Exhibit 5 : McCarle y , J.S

. and Wickens, C.D. (2004 ). Huma n Factors Implications of UAV’s
in the National Airspace. I n stitute of Aviation, Aviation Human Factors Division.
University of Illinois at Urban a

- Champaign. ....................................

... ...... .................... 32

File name is: Exh 5_uavPlanFinal.pdf1 I. Publ ishable Summary

Pursuant to 14 C.F.R. Part 11 and Part 21, 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 C.F.R. 21 (h); 14 C.F.R. 43.7; 14 C. F .R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.21; 14
C.F.R. 45.23; 14 C.F.R. 45.23(b); 14 C.F.R. 45.25; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14
C.F.R. 47.3(b)(2); 14 C.F.R. 47.31(c); 14 C.F.R. 61.113; 14 C.F.R. 61.113(a) and (b); 14

C.F. R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R
91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.113(b); 14 C.F.R. 91.115; 14 C.F.R. 91.119; 14
C.F.R. 91.119(b)(c); 14 C.F.R. 19.121; 14 C.F.R. 91.151; 14 C.F.R. 91.151(a); 14 C.F .R.
91.203(a) and (b); 14 C.F.R. 91.215; 14 C.F.R. 91.403; 14 C.F.R. 91.405; 14 C.F.R.
19.405(a) and (b); 14 C.F.R. 91.407; 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409; 14 C.F.R.
91.409(a)(2) and 14 C.F.R 91.417; 14 C.F.R. 91.417(a) and (b) to operate commerc ially a small

unmanned air c raf t s y stem ( UAS ) (15 lbs or less).

Approval of E xemption 333 for H&H will allo w commercial operations of UAS within the field
of expertise that H&H business is built on. For over 30 years H&H has supplied production for

motio n picture and television companies, corporate and industrial companies, entertainment
companies, news organizations in the US and other countries as well as NASA and the US
military.

H&H intends to use these exemptions to benefit the public by increasing overall safety and
lowering risk associated with manned flight operations.

The current and most prominent method of acquiring aerial footage is via fixed wing and

rotorcraft aircraft with at least 2 or more personnel carryin g photographic equipment. M os t often these operations involve not only the flight crew but ground crew as well . Because of weight, s ize and explosive fuel usage, this is much more dangerous and significantly more costly than using UAS equipment

.

H&H is very familiar with aerial phot ography and has supplied these production services for over 30 years by providing production management, retaining the proper aircraft, PIC, and photography gear.

As an example

, Carl Hale, H&H president, has flown t hese types of flight operations working for Alcoa Fujikura as a cameraman and D P ( Director of P hotography ) to document t he correct2 procedure and obtain marketing footage demonstrating how to properly replace the ground wire

installed at the top of high voltage power line towers with state of the are fiber optic / ground

wire cabling. This w as an extremely dangerous flight and production operation that H&H managed by coordinating communications and safety procedures with all parties involved.

Other flights operations have included low flying city streets, entertainment facilities, raceways, stadiums, festivals as well as industrial sites. I n most of these operations , t he risk to the public and crew could have easily been re duced via UAS equipment

. And, for most of these flight operations, a UAS w ould have provided better photography opportunities resulting in both a better final commercial product at a lower cost and a n overall safer operation.

In this respect H&H feels that the enhanced safety achieved using an unmanned aircraft (AU) is in the p ublic interest.

The operation of a UAS , weighing less than 55 lbs., conducted in the strict conditions outlined below will provide an equivalent level of safe t y supporting the grant of the Exemptions requested herein, including exempting the applicant fro m the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to ground, and in a low risk, low to moderate population environment and, as a result, a re far safer than conventional operations con ducted with rotorcraft , fixed

- wing aircraft or even cranes and personnel lifts operating in close proximity to the ground, buildings, people, and other elevated standing structures.

T he intended utilization of the UAS opera t ions contemplated by this peti tion is in the public

interest because it is clearly a safer alternative to low flying fixed wing and rotorcraft equipment when operated with proper safety rules, regulations and H&H company p rocedures as mandated in the Hale & Hearty, Inc Motion Picture a nd Television Operations Manual (MPTOM) , as well as the DJI Phantom 3 Professional User Manual (Please see attachments : Exhibits #1, #2, )

.

H&H is seeking relief from any currently applicable FARs to prevent H&H from providing

aerial obtained media on a co mmercial basis. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft into our national airspace as it is in the public interest to

do so. H&H 's lightweight UAS meet s the definition of “small unmanned aircraft” as defined in section 331, and therefore the in tegration of H&H UAS is expressly contemplated by the

Reform Act.

The FAA has granted similar exemptions in material respect by way of Exemption Nos. 11062 to Astraeus Aerial; 11109 to Clayco, Inc.; 11112 to VDOS Globa l, LLC.; and 11213 to Aeryon Labs, Inc. Each of the following H&H operational and safety procedures urges in favor of an exemption for H&H :

Aircraft: DJI Phantom 3 Professional. These are among the most stable and reliable airframes commercially available with advanced electronics for PIC flight control and data feedback of

the UAS

.3 A ll crews consist of 2 persons; the PIC (Pilot in Command) and a VO (Visual Observer)

.

The DJI Phantom 3 Professional airframe with full pay load, battery and props is less th an 5 pounds and well below the FAA mandated 55 lbs.

Preflight and post flight inspections as well as flight operations ar e conducted in accordance

with the Hale & Hearty, Inc. Motion Picture and Televi sion Operation s Manual (MPTOM) and

the aircraft user manual (P lease refer to a ttachments : E xhibits # 1 & # 2). H&H's P IC’s are required to have read and have in their possession these manuals during all flight operations.

The UAS's maximum altitude is set for the FAA mandated 400 foot ceiling. It is e quippe d with

an information on screen display ( iOSD ) providing the PIC real time visual information which

includes ba ttery level, altitude, air speed, heading and ascent or descent speeds.

The maximum airspeed of the DJI Phantom 3 Professional is well under 50 knots.

The UAS flight will be during day time only and operate under VFR conditions as well as by visual line of sight (VLOS )

.

The UAS is battery powered by a lithium polymer batte ry with percentage feedback to the PIC by both lights on the UAS and direct readout on the remote control ( RC ) . PIC’s are instructed

to lan d when battery power drops to 25% capacity.

No combustible fuels are used.

H&H does not conduct flight operations near airports or in designated “restricted” or “no fly”

zones. Pre

- production planning and flight path scouting is a part of the H&H MPTOM standard operating procedures for a UAS flight.

All UAS flight activities are in support of main production operations and are used for acquiring supplemental footage, scenic scenes and b

- roll. UAS’s will not be flown over general public and only in the vicinity of authorized production personnel. That, in effect, represents a "closed set operation" where every person and property involved w i thin the UAS flight area has both been

notified and has given permission to be involved in the flight.

H&H carries general liability insurance

.

Please see H&H Motion Picture and Television Operations Manual (MPTOM)

, and the DJI

Phantom 3 Professional operations manual ( see attachments: E xhibits #1, #2) for mor e specific

H&H Standard Operating Procedures.)

For these reasons listed, H&H's operation of small UAS will mitigate risk and not “create a hazard to users of the NAS or the public.” 112 P.L. 95 § 333 (b). Given the small size and multiple redundant safety features inherent to the technology as well as H&H MPTOM safety and operation procedure manuals

, H&H UAS operations fall well within Congress’s4 contemplated safety parameters when it authored the Reform Act and the corresponding directive to integrate UASs into the national airspace.

H&H 's safety standards and practices are equal to or higher than the FAA is seeking in granting exemptions to UAS operators

. H&H has a superb safety record for successful aerial photography in particular and television "on set " production in general

.

As a publ ic benefit, H&H will :

• Reinforce to the film and television production community a “best standards and practices” example for UAS safety and flight operations.

• Reinforce public opinion on the positive impact of UAS techno logy and as a result furthering the economic viability of the industry.

• Further a rapidly evolving art form in a safe and responsible way

.

• Increase the overa ll quality of lower budget television programm ing that cannot meet the

financial and i nsurance re quirements of supplying rotorcraft or fixed wing aircraft for filming.

• Create jobs and contribute to economic growth by attracting customers who would normally reject conventional aerial photography methods rather that UAS because of the substantial increase in danger and cost

.

• Positive environmental impact through a reduction in carbon emissions.

• Reduce the dangers of using significantly l arger aircraft carrying highly combustible

fuels to achieve the same or better photography results via UAS.

The FAA has the authority to issue an exemption to H&H pursuant to: The Federal Aviation Reform Act 85 P.L. 726 (1958)

II. Petitioner’s Contact Information

Hale & Hearty, Inc.

768 Harpeth Bend Drive

Nashville, TN 37221
Mailing Address: P.O. Box 210795, Nashville, TN 37221

Tel: 615

- 673

- 0015

Email: randyhale@aol.com

Private Pilot Certificate # 4141115475 III. Hale & Hearty, Inc. Operations

A. The UAS

The requested Exempt i on will permit the operation of small, unmanned multi

- roto r aircraft

based on the D J I Phantom 3 Prof essional weighing less than five (5 ) pounds (inclusive of batteries and technical pa y load). These rotorcrafts operate at speeds of no more than thir t y

- two (32) knots, and have the capability to hover and move in th e vertical and horizontal planes

simultaneousl y

.

The UAS will have the following specifications or equivalent:

• Airframe: D J I Phantom 3 Professional

• Serial #: P76 DCD 07010587

• Model : W323

• Weight: 2.82192 lbs.

• Dimensions: 23.2283 inches x 23.2283 inches x 10 inches.

• Maximum Air Speed: 35.791 mph , 32 knots

• Cruising A irspeed : 22.37 mph

• Power Plant: F our motors model DJI 2312/960Kv

• Power Supply: 4

- cell 4480mAh Lithium Polymer battery

• Four Propellers Model DJI 9450

• RC (remote Controller) : model GL300A

• RC op erating frequency : 2.400GHz

- 2.483 Ghz

• Live Video broadcast frequency : 2.400GHz

- 2.483 Ghz

• Features Intelligent Orientation Control (IOC)6 • Features OSD (On Screen Display): battery level, altitude, air speed, heading

Please refer to Attachment Exhibit #2 : DJ I Phantom 3 Profession al User Manual for further

info rmation about the Phantom 3, Intelligent Orientation Control (IOC) control s y stem and other specifications

.

B. Flig h t Conditions

The UAS will be flown in ai rspace between and less than 400 feet abo ve ground level (AGL) and under controlled conditions on restricted, populated, rural, and private propert y . The UAS

will be used for aerial still and cinematography in closed set filming in motion picture and television production, corporate/industrial as set inspection and marketing, and media for entertainment and/or news organizations

.

1. Scripted Close d

- Set Filming and Videography

Hale & Hearty, Inc. proposes Exemption under Section 333 to operate commercial l y in private,

secure d

- entr y and s cripted closed

- set filming and videography operation s, including but not

limited to the Cit y of Nashville and the Greater Nashville Metropolitan region . These areas are abundant with aerial scenic, photographic, and cinematographic opportunities with many areas

p roviding secured time limited access that greatly reduces hazardous conditions for the public.

H&H intends to expand its UAS operation s in other locations where television and motion production, private, public and commercial utilities as well as other media support require aerial photography. A n y aeria l utilit y compan y inspection operations will be guarded and restrict e d to locations in Class G airspace and at least 5 miles from a n y controlled and uncontrolled runways, (airports) to protect the public from hazardous conditions.

2. Aerial Photography

H&H proposes Ex e mption under Section 333 to operate commercial l y in private and semi

public secure d

- photograp h y operations including but not limited to the City of Nashville and the

Greater Nashville Me tropolitan region. These areas are abundant with aerial scenic, photographic, and cinematographic opportunities with many areas providing secured time

limited access that greatly reduces hazardous conditions for the public.

H&H intends to expand its oper ation in other parts, similarly to abundant power lines, communication towers and antennas, and municipality water tower areas in the United States, if permitted. A n y aeria l utilit y compan y inspection operations will be guarded and restrict e d to

locations in Class G airspace and at least 5 miles from a n y controlled and uncontrolled runways, to protect the public from hazardous conditions.

3. Aerial Utility Inspection

H&H proposes Exemption under Section 333 to operate commercial l y in private, secure d

- en tr y7 aerial utility compan y and community municipality site inspection operations including but not

limited to the City of Nashville and the Greater Nashville Metropolitan region. These areas are abundant with power lines, communication towers and antennas, and municipality water towers

wit h man y areas fenced off and have manned and secured gates and personal which rest r ict public access, providing and offering secured time limited access which great l y reduces hazardous conditions for the public.

H&H inten ds to expand its operation in other parts, similarly to abundant power lines, communication towers and antennas, and municipality water tower areas in the United States, if permitted. A n y aeria l utilit y compan y inspection operations will be guarded and res trict e d to locations in Class G airspace and at least 5 miles from a n y controlled and uncontrolled runways, to protect the public from hazardous conditions.

C. Flight Operations

The purpose of the UAS flight will be to safel y , accurate l y , an d eff i cien tl y capture Aerial cinematography /photography in closed set filming in motion picture and telev i sion production, corporate/industrial asset inspection and marketing, and media capture of

entertainment or new s organizations.

Please refer to the attached d ocument entitled Hale & Hearty Inc. Moti on Picture and Television Operations Manual (MPT OM) (attached Exhibit #1). This document has been written with strict company flight operations to insure safety to the public and adhere to FAA rules and restrictions concerning UAS operations.

The H&H flight manual (MPTOM) include s "go

- by" documents and releases for permissions as

well as safe ty operations procedures for UAS maintenance, flight checklist and FAA interface
procedures.

IV. Privacy

There is little c oncern that the prop o sed flights will cause invasions of privacy because all
flights will occur over controlled access proper t y with the proper t y owner’s prior consent and
knowledge. In addition, as the fly over areas will be under controlled designated sc ripted

closed

- set area(s), chosen photographic sit e(s), and fenced off or otherwise secured corporate

industrial sites , there is little to no chance that there will be other property or people who have
not consented to being filmed, videotaped, or photogra phed

.

No attempt will be made to identify a n y individuals filmed, videotaped, or photographed during
the flights except in cases where they are t r espassing upon or damaging customer proper t y , or interfering with the applicant’s or its customers’ operatio ns. H&H respects the privacy of un

consenting or otherwise un

- willing individuals or companies to be photographed or in any way8 be disturbed by the UAS.

V. Aircraf t and Equivalent Level of Safe ty

H&H proposes that the exemption requested herein app l y to c ivil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or higher level of safe t y to operations under the curren t regulator y

structure.

The limitations and con d itions to which H&H agrees to when conducting commercial
operations under an FAA issued UAS exemption include:

1. The UAS will be the DJI Phantom 3 Professional (or similar) and weigh less than 55 lbs.

2. Flights will be operated at an altitude of no more than 400 feet AGL.

3. Maximum speed not to exceed 50 (58 MPH) or beyond the manufacturers recommended maximum airspeed.

4. Flights will be terminated at 25% battery power.

5. The UAS must be operated at daytime under VFR conditions, ma y 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.

6. The UAS must not be operated within 5 nautic al miles of an airport without prior permissions

and waivers.

7. All flight operations must be cond ucted at least 500 feet from nonparticipating persons, vessels, vehicles, structures and property unless permissions and releases have been obtained and t he PIC

renders the area safe. The UAS must rem ain clear and give way to all manned aviation operations

and activities.

8. The PIC must be in control of the UAS at all times and may not transfer his or her desi gnation for the duration of the flight.

9. The PIC may not operate from a moving platf orm.

10. The minimum crew for each operation wi ll consist of the UAS Pilot in Command (PIC) and a Visual Observer (VO).

11. PIC and VO will at all times be able to communicate directly.9 12. Flights will be operated within a visual line of sight (VL OS) of the PIC and/or VO.

13. PIC will have a minimum of 40 UAS flight hou rs with 100 flight cycles, 10 hours with the UAS to be used in the flight operation and at lea st 3 flight cycles within 90 days o f the flight operation.

14. The PIC or Chief Pil ot for H&H will submi t FAA form 7711

- 2 and an H&H Plan of Activities to the appropriate Fl ight Standards District Office (FSDO) before the start of any flight operation.

15. The PIC will conduct a briefing ("safety meeting ") in regard(s) to the planne d UAS operations prior to each day’s "on set" flight operation. The safety meeting must include the following

information:

• PIC and VO (duties and communication s)

• Plan of Activities

• Flight Paths

• Time of flights

• Safe Zone: takeoff / landing, approaches

• Communications (crew/officials)

• Control of flight area: "lock

- down" procedures

• Risk to property and personnel

• Permissions

• Emergency procedures / reporting

Please refer to Exhibit #1 H&H MPTOM: Appendix A

- 6 (Page VII)

16. The PIC will be responsible for reviewing weather, flight paths, flight battery requirements, UAS performance, the landing a nd takeoff safety zone, flight operations area and logbook entries.

17. The PIC will have as a minimum a current FAA Private Pil ots Flight Certificate and curr ent
driver's license

.

18. The PIC or Chief Pilot for H&H will insure that the UAS has been inspected, has the latest software and upgrades and t he airframe is in an airworthy condition and safe to fly and that these procedures are l ogged. The UAS mu st have FAA N number markings and identified as

EXPERIMENTAL.

19. The PIC must coordinate with corporate manage rs and/or movie and television personnel to formulate plans, routes, locations , releases and safety meetings with the safety of all persons and property involved as the primary concern.

20. Written and/or oral permission from the relevant property manager and event producers will be obtained before any flight operations. All "on

- camera" talent must give permission to be photographed eit her personal ly or by blanket permission from their employer/agent or representative.10 21. The PIC will have the capability and responsibilit y to abort a flight in case of unexpected obstacles, unfor e seen circumstances or any con ditions that render the flight unsafe to property or personnel. The UAS will be programmed to return to base if a loss of communications between the

RC and UAS are lost.

22. A logbook is to be kept with standard FAA logbook flight information and maintenance records. Log book entries to include:

• PIC & VO

• Production (Job/Client)

• Nature of video /photography recorded

• Flight time of day

• Location

• Time in flight

• Total flight time to date

• UAS & RC batteries used and condition

• Maintenance required

• 23. PIC is required to read and underst and the H&H Motion Picture and Television Operations Manua l (MPTOM) and be familiar with the UAS manufacture's manual.

24. Should an accident or incident requiring notification of the NTSB occur, the notification requirements of FAR Part 830 would comply. Also, a ny inc ident/accident will be reported

within 1 hour to H&H and an incident report form must be submitted by the PIC within

24 hours. (Please refer to Exhibit #1; H&H MPTOM; Appendix A

- 5)

25. CHECKLIST PRE

- Flight

- on location

• We ather

• Sun path

• RF and magnetic interference and metal surfaces

• Flight patterns for obstacles and FAA restrictions

• Define safety area for takeoff/landing and approaches

• Check communications (PIC to VO, PIC to crew)

• Check permissions and paperwork

26. PIC must refer to the H&H MPTOM for specific pre

- location, pre

- flight, post

- flight, inspections, maintenance and operations check list.

27. Except for permissions granted within H&H's FAA exemption 333, the PIC must comply with all standard CFRs for privat e pilots.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed,11 operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide mor e than adequate justification for the grant of the requested exemptions allowing comme rcial operation of applicant’s UAS for the aerial still and vide ography in closed set filming in motion picture and television production, corporate/industrial asset insp ection and marketing, and media for entertainment and/or news organizations

.

VI

. Public Interest and Safety

The current and most prominent method of acquiring aerial footage is via fixed wing and

rotorcraft aircraft with at least 2 or more personnel carrying photographic equipment. And

, most
often

, these operations involve not only the flight crew but ground crew as well. Because of weight, size and explosive fuel usage, this is much more dangerous than a using UAS equipment.

Use of the UAS will i ncrease ground safe t y b y eliminating a flight crew and the risk of ph y sical harm to personnel on and off scripted closed

- set environments, corporate and industrial location s

. Additionall y , a UAS can complete a typical operation in minutes rather than hours with much less

man power, cost and risk to capture the same or better photographic images

.

VII. Regulations from Which Exemption is Requested

A. 14 C.F.R. 21(h): Airworthiness Certificates

H&H requests an exemption from 14 C.F.R. 21(h). This exemp tion meets the requirements for an equivalent level of safe t y pursuant to Section 333 based on the small size, light weight, relative l y slow speed, and use in controlled environments as described previously in this petition.

B. 14 C.F.R. 43.7: Persons aut horized to approve aircraft, airframes, aircra f t engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding, or alteration.

H&H requests an exemption from 14 C.F.R. 43.7. This part prov ides, inter alia, that the holder of a mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service. The nature of the UAS is that of a model

aircraft and the operator(s) of H&H who will maintain, and when necessary, will seek certified and licensed repair personnel. The operator(s) will conduct inspections and maintenance based on maintenance guidelines provided by the manufacturer of the UAS

, (See att ached Exhibit # 2 : DJI

Phantom 3 Professional User Manual ) as well as the H&H MPTOM (See attached Exhibit #1 ). The capabilities of these operator(s) to maintain and repair the UAS will meet the requirements for an equivalent level of safety pursuant to Sec tion 333 for the type of UAS , its intended use, and the operating environment.12 C. 14 C.F.R. 43.11: Content, form, and disposition of records for inspections conducted
under parts 91 and 125 and §§135.411(a)(1) and 135.419 of this chapter.

H&H requests a n exemption from 14 C.F.R. 43.11. This part provides, inter alia, that maintenance record entries be maintained and for the listing of discrepancies and placards by inspectors.

The UAS, due to its small size, does not have room for placards to be placed i n o r on it and no inspections for UAS have been certified by FAA at the present time. Ho wever, a log book will be kept
with the aircraft which documents any software or hardware updates, maintenance and inspections noted with date and personnel involved. O ther logbook entries include:

• PIC & VO

• Production (Job/Client)

• Nature of video recorded

• Flight time of day

• Location

• Time in flight

• Total flight time to date

• UAS & RC batteries used and condition

• Maintenance performed or required and UAS/RC/equipment insp ections

D. 14 C.F.R. 45.11: Mar k ing of products.

H&H requests an exemption from 14 C.F.R. 45.11. This part provides, inter alia, that the manufacturers of aircraft, engines, propellers, mark such aircraft, engines, or propellers with an approved firepro of ide n tification plate. The UAS, due to its small size, does not have room for fireproof placards to be placed in it. A n y required placards could become hazardous, due to the

additional w eight and strain placed on the UAS.

E. 14 C.F.R. 45.21: General.

H&H requests an exemption from 14 C.F.R. 45.21. This part provides, inter alia, that except as
provided in §45.22, no person may operate a U.S.

- registered aircraft unless that aircraft displa y s

nationali t y and registration marks in accordance with t he requirements of this section and
§§45.23 through 45.33. H&H

, as a condition to the a pproval of exemption

, will be assigned a
registration number and display it where practicable as addressed in this petition relative to

Parts 23, 27, and 29, below.

F

. 14 C.F.R. 45.23: Display of marks; general.

H&H requests an exemption from 14 C.F.R. 45.11. This part provides, inter alia, that each
operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter13 “N” (denoting United States registration) followed by the registration number of the ai r craft.
Moreover, limited, restricted or ligh t

- sport category aircraft or experimental or provisionally
certificated aircraft, the operator must also display on that aircraft near each entra nce to the
cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the
words “limited,” “restricted,” “ligh t

- sport,” “experimental,” or “provisional,” as applicable.

The UAS, due to its small size, does not have r oom to display aircraft marks in a conventional size. However, as a condition to the approval of exemption, H&H will affix an aircraft mark to

on e or more of the "arms" of the UAS. The size of the marking will be determined by the size of the "arm" being u sed and may be less than 1 in c h in size.

The word “Experimental” will be placed on the fuselage in compliance with §45.29(f). However, a partial exemption from this display regulation 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 UAS, two

- inch lettering will be impossible.

The equivalent level of safe t y will be provided b y having the UAS marked on its fuselage as required b y §45.29 (f) where the p ilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” The requested exemption is consistent with the following exemptions to this regulation that the FAA has issued: Exemptions Nos. 10700, 8738, 10167 and 10167A.

G

. 14 C. F .R. 45.25: Location of marks on fixe d

- wing aircraft

The UAS is a multi

- rotor model aircraft and is not fixe d

- wing. Therefore, 14 C.F.R.
45.25 is inapplicable.

H. 14 C.F.R. 45.27: Location of marks; non fixe d

- wing aircraft

H&H request s an exemption from 14 C.F.R. 45.27. This part provides, inter alia, that each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required b y §45.23. The UAS, due to its sm all size, does not have a cabin, fuselage, boom or tail to display the marks required b y §45.23.

I. 14 C.F.R. 45.29: Size of marks

H&H requests an exemption from 14 C.F.R. 45.27. This part provides, inter alia, at subpart (3) that the registration marks for rotorcraft must be a t least 12 inches high. The UAS, due to its small size, does not have a n y surface area large enough to display marks a n ywhere near 12 inches high. However, as a condition to the app r oval of exemption, H&H will affix an aircraft

mar k to one or more of the "arms" of the UAS. The size of the marking will be determined by14 the size of the "arm" being used and may be less than 1 inch in size.

J. 14 C.F.R. 47.3(b)(2): Registration required

H&H requests an exemption from 14 C.F.R. 47.3(b )(2). This part provides "(b) No person may
operate an aircraft that is eligible for registration under 49 U.S.C. 44101

- 44104, unless the

aircraft

— (1) Has been registered b y its owner; [or] (2) I s carr y ing aboar d the temporary authorization required by §47 .31(c)."

As a condition to the approval of exemption, H&H is willing to be assigned a registration
number provided by FAA and to display it where practicable a s addressed in this petition

relative to Parts 23, 27, and 29, above. In fact, as of Dec. 2015 t he UAS has been assigned a
FAA registration number of N615TN. This number will be affixed to the aircraft and a copy of

the document will travel with the UAS at all times.

K

. 14 C.F.R. 47.31(c): App l ication

H&H requests an exemption from 14 C.F.R.47.31 (c). This part provides "(c) After compliance with paragraph (a) of this section, the applicant for registration of an aircraft last previously registered in the United St a tes must carry the second copy of the Aircraft Registration Application in the aircr aft as temporary authorit y to operate without registration."

As a condition to the approval of exemption, H&H is willing to comply with Part 47.31(a),

whi c h states, inter alia: "(a) Each applicant for a Certificate of Aircraft Registration, AC Form

8050

- 3 must submit the following to the Registr y : (1) An Aircraft Registration Application, AC

Form 805 0

- 1, signed by the applicant in the manner prescribed by §47.13; (2) The original Aircraft Bill of Sale, AC Form 8050

- 2, or other evidence of ownership authori zed by §47.33, §47.35, or §47.37 (unless already recorded at the Registr y ).”

Because the UAS does not have the ability to carry an aircraft Registration Certificate a copy of

that document will travel with the aircraft and will be inserted into the H&H M PTOM

.

L. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: Pil o t in Command.

H&H requests an exemption from 14 C.F.R. 61.113. The P I C (pilot in command) of the UAS does not

possess a commercial lic ense. However, because (i) the UAS is essen tially a model aircraft, weigh s less than 55 lbs. including pa y load, and will not carry an y pilot or passengers, (ii) the area of operation is controlled and restricted, (iii) all flights will be planned and coordinated in advance, and (iv) the

maximum alt itude of the UAS will not exc e ed 400 feet AGL, the proposed operations will achieve the equivalent level of safe t y of current operations by manned aircraft with a commercial pilot ’ s license.

The level of safe t y provided by H&H meets or exceeds th a t provid ed b y an in dividual possessing a commercial pilot's license operating a manned aircraft. For conducting safe UAS operations it is mor e15 important for the PIC of the UAS to have the training of a private pilot and the advanced flying hours

, particular l y with the UAS at issue, than for the P IC to have a commercial pil ot's license.

The P I Cs operating under this exemption will be experienced. H&H will have an operator (PIC) who

has a currant private pilot's license, at least 40 hours of UAS flight time in a si milar or more advanced

UAS and has flown over 100 flight cycles . In additi on, the PIC must have at least 10 flight time hours

with the UAS being flown commercially . The PIC must have flown at least 3 flight cycles within 90 days of a commercial flight oper ation

. H&H feels therefore that these requirements meets or exceeds the present level of safe t y envisioned under this Section.

Stated another wa y , the skill set needed to successfully and safe l y operate the UAS is ver y different

from the set of skills ne eded by a pilot of mann e d aircraft. Both FAA and Ar m y Researc h Laboratory research demonstrate d that flying a UAS, e ven those much larger than the UAS proposed b y H&H , can be safe l y flown b y no n

- certificated pilots with a small amount of training.

As one Ar m y Research Laboratory stud y stated:

"[T]he specific motor skills needed to control the radio

- controlled UAV would have to be learned by aviators independently of the motor skills learned in flying an aircraft. In particular, the

somatic and visual cu es that pilots use during aircraft landings would not be useful (and perhaps even counterproductive) for the different skill sets and perceptual viewpoint necessary for radio

controlled landings." *

* Michael J. Barnes, Bever l y G. Knapp, Barry W. Tillman, Brett A. W a lters & Darlene Veliki, Crew systems analysis of unmanned aerial vehicle (UAV) future job and tasking environment s , Technical Report AR L T R

2081, Aberdeen Proving Ground, MD: Ar m y Research Laboratory, page 12 (2000).
(please se e attached Exhibit #3 )

In addition to the above research b y th e Ar m y Researc h Laborator y , additional research reports lend
further support for the exclusion requested, including one sponsored by the FAA and the other
sponsored b y the Institute of Aviation, Aviation Human Factors Division, at the Un i versity of Illinois

at Urban a

- Champaign:

1. Kevin W. Williams, Unmanned Aircraft Pilot Medical Certification Requirements, Report

DOT/FAA/A M

- 07/3, FAA Civil Aerospace Medical Institute, page 2, (2007), available at
http://fas.org/irp/program/collect/u a

- pilot.pd f

. (S ee Exhibit # 4 ).

"We know that certain systems, like the U.S. Army Hunter and Shadow systems, are
successfully flown by pilots with no manned aircr aft experience. "

2. Jason S. McCarley & Christopher D. Wickens, Human Factors Implications of UAVs in the16 National Airspac e , I nstitute of Aviation, Aviation Human Factors Division, University of Illinois at

Urban a

- Champaign, 13 (2004), available at http://www.tc.faa.gov/logistics/grants/pdf/2004/0 4

- G

032.pd f

, citing Barnes, supra

. (please s ee attached Exhibit 5 ).

"Using the Army’s Job Assessment Software System (JASS), Barne s, et al (2000) elicited
Hunter UAV operators ratings of the relative importance of various cognitive skills in
UAV air vehicle op e rators. Ratings indicated that outside of communication skills, raters
did not consider fligh t

- related skills of great import ance to UAV operations, leading the
authors to conclude that selection of rated aviators as air vehicle operators would be of

little value."

Finall y , if the agency concludes that the P I C qualifications proposed in this exemption request do

not meet the i nterim standards it is implementing, it should not deny the application
on that ground. Rather, it should grant t h e exemption subject to H&H meeting whatever interim P I C
qualifications the agency has adopted in other Section 333 exemption proce edings. For example, the
exemption petitions of NextEra Energ y , Inc., San Diego Gas & Electric Compan y , Southern Company

Services LLC., Utility Aerial Services I n c., MicroCopter Professional Services Inc., Montico, I nc., Aerius Flight LLC., Saratoga Aerial Photo and V ideo, Aerial Production Services Inc., NextEra
Energy I nc., Oceaneering Intern a tional, Inc., and Aer y on Labs, Inc., ha ve already raised the PIC
qualification issue. Applicant would be willing to adhere to the P I C qualification policies established
in any o f those proceedings.

M. 14 C.F.R. 61.113(a) and (b): Private Pilot C e rtificate and Act as Pilot in Command

.

H&H requests an exemption from 14 C.F.R. 61.113(a) and (b ) . Section 61.113(a) and (b) prescribes that (a) no person who holds a private pilot c ertificate ma y act as a pilot in command

of an aircraft that is carr y ing passengers or proper t y for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot ma y , for compensation or hi re, act as pilot in command of an aircraft in c onnection with any business or employment if: (1) The flight is only incidental to that business or emplo y ment; and (2) The aircraft does not carry passengers or proper t y for compensation or hire.

Sections 61 .113 (a) & (b) limit private pilots to non

- commercial operations

.

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safe t y of current operations b y requiring the P I C operating the aircraft to have a private pilot’s license rather th a n a commercial p ilot’s license to operate this UAS.

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remote l y controlled with no living thing on board. The area of operation is contr olled and restricted, and all flights a r e planned and coordinated in advance as set forth in the H & H MPT OM . The level

of safe t y provided b y the H&H MPTOM mee ts or exceeds the requirements called for by a17 single individual holding a commercial pilo t ’s certi ficate operating a conventional aircraft. The

risks associ ated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, t hat allowing operations of the UAS as request ed with a private pilot as the P I C exceeds the present level of

safe t y achieve d b y 14 C.F.R. §61.113 (a) & (b).

In addition, there are no standards fo r either Private or Commercial UAS pilot certificates. The safe operation and control of the U AS as descr ibed in the Exemption Applications does not depend on the t y pe of FAA license held by the PIC. Given the restricted and controlled airspace within which operations will take place, the key factors needed b y the P I C are knowledge of the airspace within whic h the “closed set filming” operation will take place and how that airspace fits into the National Airspace S y stem (NAS). That knowledge can be and is gained primarily through ground school and not through flight training in fixed wing or rotor a ircraft, no r is it dependent on the acquisition of a commercial or private pilot’s certificate. Those certificates demonstrate knowledge of the factors and skills needed for the safe operation of those t y pes of aircraft (fixed wing or rotorcraft). I t cannot be assume d that a commercia l pilot, approved to

operate a rotorcraft or fixed wing aircraft, has the skill or ability to safe l y operat e a small unmanned aerial vehicle, operating at 400 AGL or lower, within strictly controlled pr e

approved airspace. Besides knowle dge of airspace regulations, dexterity in th e control and operation of the UAS acquired from actual operation of the aircraft is the most important factor in establishing an equivalent level of safe t y.

If the P I C has acquired the necessary knowledge of ai rspace requirements, the rel evant issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used today to accomplish the same mission, and (3) what precautions will be taken to ensure the

safe t y o f those in the area of operation. As set forth in the Exemption Application, Applicants, to address those issues, have proposed that the PIC has at least an FAA Private Pilots Cer tificate

and a current drivers license ; the aircraft be operated within a secure environmen t; and that no one be allowed to enter the secure environment unless they are part of the production, have been fully briefed of the r isks prior to operation of the UAS, and have consented to the risks associated with being in the operating area.

Should t here be a mishap, the UAS being flown pose significantly less of a threat than the

rotorcraft and fixed wing aircraft now being emplo y ed because they are a fraction of the size,

car r y no flammable fuel, do not carry crew or passengers, and po s e a highly re duced minimum risk to others. This is in stark contrast to conventional aircraft that are flown to the site, carry explosive fuel, carry passengers and crew, and operate in a much larger area.

From a practical standpoint, there are relatively fe w li c ensed full

- scale aircraft pilots who are also qualified to f l y the type of UAS that are utilized for motion picture , television, and industry imag e

- capture operations. There are even fewer commercial pilots that can fly these UAS

– to
the point that to do both is consid e red rare. Assuming that it is unlikely for a company to find a pilot that has both qualifications, that company would eit her have to source a qualified UAS pilot to train and obtain a commercial certificate, or find a commercial certificated pil ot who18 wo u ld be willing to learn to f l y a UAS to a level of competency

.

Requiring a UAS pilot to obtain a commercial certificate, as opposed to having only a private pilot certificate creates a significant financial burden and provides little or no added benefit.

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

H&H requests an exemption from 14 C.F.R. 91.7(a). The r egulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness

c ertificate issued for the aircraft should this exemption be granted, no standard will exist for determining airworthines s . Given the size and weight of the aircraft and the maintenance requirements as mandated in the Hale & Hearty, Inc Motion Picture and T elevision Operations

Manual (MPTOM) , as well as the DJI Phantom 3 Professional User Manual (see attachments

Exhibits #1 & #2 ), an equivalent level of safe t y will be provided.

O. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard r equirements.

H&H requests an exemption from 14 C.F.R. 91.9(b)(2). This part provides:
"(b) 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 th ere is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof."

There does not currently exist a m ethod of approving manuals for UAS. Further, given t he size and configuration of the UAS, there is no space to carry such a fli g ht manual on the aircraft. In addition, carr y ing the manual on the aircraft would be pointless, since there is no pilot or other person on board who could read or use it.

The equi valent, and in fact a greater level of safety

, will be maintained b y keeping the flight
manual at the ground control point where the pilot fl y ing the UAS will have immediate access
to it. The FAA has issued the following similar exemptions to this regulati on: Exemption Nos.

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

P

. 14 C.F.R. 91.9(c): Civil aircraft flight manual, marking, and placard requirements.

H&H requests an exemption from 14 C.F.R. 91.9(c). This part p rovides: "(c) No person may
operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45
of this chapter."

Due to its small size, there is no room to contain a fireproof placard or to display aircraft marks

in a c onventional size. However, as a condition to the approval of exemption, H&H will affix an19 aircraft mark to one or more of the "arms" of the UAS . The size of the marking will be

determined b y the size of the "arm" being used and may be less than 1 inch in s ize.

Q

. 14 C.F.R. 91.103: Flight p reparation.

H&H requests an exemption from 14 C.F.R. 91.103. Section
91.103 prescribes, in pertinent pa r t, that each pilot in command shall, before beginning a flight,

become familiar with all available information c oncerning that flight, to includ e :

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and
forecasts, fuel requirements, alternatives available if the planned flight cannot be completed,

and a n y known traffic delays o f which the pilot in command has been advised b y ATC;

(b) For a n y flight, runway lengths at airports of intended use, and the following take off and
landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight M anual containing
takeoff and landing distance data is required, the takeoff and landing distance data contained

therein; and

(2) For civil a ircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to t he aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

This regulation requires each pilot in command to take certain actions before flight to insure the
safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft
an exemption will be needed. An equiva l ent level of safe t y will be provided b y the H&H

MPT OM which specifies safe t y check lists for the PIC to follow prior to each flight allowing
for an equivalent level of public safe t y . The P I C must review weather, flight battery
requirements , landing and takeoff zones, obstacles, aircraft performance data, maintenance

issues, permissions and releases, communications, and set safety measures before initiation of

any flight. (Please see a complete preflight checklist within the H&H MPTOM; attached Exhibit

#1 , Appendix B1

- B4 )

R. 14 C.F.R. 91.10 3 (a ) (b ) (1) and (2): Preflight procedures and action.

H&H requests an exemption f rom 14 C.F.R.

91.103 (a) (b ) (1 ) (2). This part provides:20 "Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must includ e

— ... (b) Fo r a n y flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: ... (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft perf ormance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature."

H&H pilot in command, following the H&H MPTOM will in fac t, before beginning a flight,

be c ome familiar with all available information co ncerning that flight. However, as the flights of

the UAS will not be at airports the information required of Part 91.103(b)(2) does not appl y

. However, as a condition to the approval of exemption, H&H shall perform preflight operations

as outlined within t he H&H MPTOM and UAS user manual s

.

S. 14 C.F.R. 91.105: Flight crewmembers at stations.

H&H requests an exemption from 14 C.F.R. 91.105 since this par t is not applicable due to the

UAS carr y ing no flight crewmembers. However, to achieve an equivalent level of safe t y , H&H will not operate any aircraft unless the PIC is at t he controls at all times and a VO is in constant

communication with the PIC.

T. 14 C.F.R. 91.109: Flight instruction; simulated instrument flight and certain flight tests.

H&H re quests an exemption from 14 C.F.R. 91.109.

This part provides that no person may operate a civil aircraft (except a manned free balloon)
that is being used for flight instruction unless that aircraft has ful l y functioning dual controls.

Remotely p iloted aircraft, including the UAS here, are designed and constructed without dual
flight controls. Flight control will be accomplished through the use of a remote control unit
(RCU) that communicates with the aircraft via radio communications. The FAA has appro ved
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 safe t y is provided b y t he very limited size and speed of the aircraft and by
the fact that neither a pilot nor passengers will be carried in the aircraft.

U. 14 C.F.R. 91.113(b): Right

- o f

- way rules: Except water operations.

H&H requests an exemption from 14 C.F.R. 113(b) to the extent that it appl ies to overhead
aircraft operating at or above 600 feet AGL as the UAS will be operating no higher than 400
feet AGL. This part provides:21 “( b): General. When weather conditions permit, regardless of whether an operation is conducted under instrument fligh t rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. Wh e n a rule of this section gives another aircraft the righ t

- o f

- wa y , the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear."

For example, if another aircraft is operating overhead at 10,000 feet AGL there is no danger
posed to that other aircraft if the UAS is operating under it or ahead of it at or beneath

400 feet AGL. However, as a condition to the approval of exemption, H&H will operate its

UAS to avoid and give way to other aircraft that should enter the airspace at or below 400 feet

AGL.

V. 14 C.F.R. 91.115: Righ t

- o f

- way rules: water operations.

This Part d oes not apply a s H&H does not plan on operations on bodies of water.

W. 14 C.F.R. 91.119: Takeoff and Landing.

H&H requests an exemption from 14 C.F.R. 91.119. Section
91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a ) A n yw h ere. An altitude that allows , if a power unit fails, an emergency landing without undue hazard to persons or proper t y on the surface.

(b) Over congested areas. Over a n y congested area of a ci t y, town, or settlement, or over an y 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.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open

w a ter or sparsely populated areas. In those cases, the aircraft may not be operated closer than

500 feet to a n y person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operatio n is conducted without hazard to persons or property on the surfac e

—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or a ltitudes specifical l y prescribed for helicopters b y the FAA; and

(2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.22 H&H will not operate the UAS a n y higher than 400 feet AGL. Furthermore, while H&H will not be operating over a n y congested areas, the UA S will necessarily be flown closer to 500 feet

to the structures it will be photographing as well as clo ser than 500 feet to the ground

.

The operations by H&H of th e UA S as set out previously provide for at least an equivalent level

of safe t y of manned aircraft maintaining a distance of at least "500 feet to a n y person, vessel, vehicle, or struct u re" due to the small size and relatively light weight of the UAS

. Safe ty is also increased by the close monitoring of the flight b y both the pilot in command (PIC) and the

visual observer (VO)

.

H&H will however be operating in a restricted area with a securi t y perim eter where buildings
and people will not be exposed to ope rations without their pr e

- obtained consent. Also, no flight

will occur without property and personnel releases (permissions) . Because of the advance notice
to the participants of the UAS photography activit y , all affected individuals will be aware of the

p lanned flight operations as set forth here i n.

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, a n y risk associated with these operations

is far less than th ose present l y presented with conventional aircraft operating at or below 50 0 AGL in the motion picture, television and corporate industrial industr ies . In addition, the low

altitude operations of the UA S will ensure separation between these small UA S opera tions and the operations of conventional aircraft that must comply with Section 91.119.

X. 14 C.F.R. 91.119(b) and (c): Minimum safe altitudes: General.

H&H requests an exemption from 14 C.F.R. 91.119 subparts
(b) and (c). This regulation provides:

( a) Except when necessary for takeoff or landing, no person may operate an aircraft below the
following altitudes:..

(b) Over congested areas. Over a n y congested area of a ci t y, town, or settlement, or over a n y 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.

(c) Over other than congested areas. An altitude of 500 feet above the surfac e , except over open

water or sparse l y populated areas. I n those cases, the aircraf t may not be operated closer than

500 feet to a n y person, vessel, vehicle, or structure.”

H&H will not operate the UAS a n y higher than 400 feet A G L. Furthermore, while H&H will not be operating over a n y congested areas, the UAS will necessarily be flown c loser to 500 feet

to the s tructures it will be examining and "close

- set" property and people as well as clo ser than 500 feet to the ground.23 The operatio n s b y H&H of the UAS as set out previously provide for at least an equivalent level

of safe t y of manne d aircraft maintaining a distance of at least "500 feet to a n y person, vessel, vehicle, or structure" due to the small size and relatively light weight of the UAS; and the close monitoring of the flight b y both the pilot in command PIC) and the secondary g round

crewmember.

H&H will however be operating in a restricted area with a securi t y perimeter where buildings
and people will not be exposed to operations without their pr e

- obtained consent. Also, no flight

will be taken without property and personnel re leases (permissions). Because of the advance
notice to the participants in the UAS photography activit y , all affected individuals will be aware
of the planned flight operations as set forth here i n.

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum
55lbs. proposed herein and the lack of flammable fuel, a n y risk associated with these operations
is far less than those presently presented with conventional aircraft operating at or below 500

AGL in the motion picture, television and corporate industrial industr ies

. . I n addition, the lo w

altitude operations of the UA S will ensure separation b e tween these small

- UA S s operations and
the operations of conventional aircraft that must comply with Section 91.119.

Y. 14 C.F .R. 91.121: Altimeter Settings.

H&H requests an exemption from 14 C.F.R. 91.121. This Part p r ovides guidelines for altimeter
use below 18,000 feet mean sea level (“MS L ”) in maintaining the cruising altitude or flight

level of the aircraft. H&H's operatio n of the UAS will not exceed 400 feet AGL and will be
operated in a fashion that is not a sustained cruising flight such as a manned aircraft will

t ypically fly. The remote control unit (RCU) used at the ground station has "real time" l ive

feedback data fr om the UAS, including but not limited to

, the altitude of the UAS, its forward
velocity, a n d compass heading. The operator will be able to observe and control the maximum
height of the UAS . Additionall y , the UAS will be operated within line of sight distan ces

. Therefore, the equivalent level of safety provide d b y Section 91.121 will be met.

Z

. 14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions.

H&H requests an exemption from 14 C.F.R. Part 91.151. This
Part provides that:

(a) 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 spee d

— (1) During the da y , to f l y after that f or at least 3024 minutes; or (2) At night, to fly after that for at least 45 minutes

.

(b) No person may begin a flight in a rotorcraft under VFR conditions unless
( c onsidering wind and forecast weather conditions) there is enough fuel to fly to the first p oint of intended landing and, assuming normal cruising speed, to fl y after that for at

least 20 minutes.”

The H&H UA S is powered electrically using lithium pol y mer batteries that current l y have a
flight limit of approximately 17 minutes. Therefore, due to the limitations of the batteries it is

current l y impossible to comply with Part 91.151. However, the UAS will be operated in a
manner with at least the same equivalent of safe t y as that of a manned aircraft comp l y ing with

Part 91.151 b ecause of the small area of flight operations, this allows the UA S to be flown to a
safe landing point within a short period of time and well within the minimum level of reserve
capaci t y of the batteries.

During the entire flight, the PIC will maintain a visual line of sight on the aircraft and be prepared to return to base in the event of low battery. The RCU has an active UAS battery warning system which is set to a 25 % battery reserve defined as allowing an addition a l 4 minutes of flight time

- more than enough to safe l y f l y the UA S back to the “home base” area. This operation procedure adequately complies with ASTM standard F3005

− 14 4.3.1 (Standard Specification for Batteries for Use in Small Unmanned Aircr a ft S y stems ( UAS )).

The battery powering the UAS provides appro ximately 17 minutes of power ed flight. As a result, the UAS would never meet the 30

- minute reserve requireme n t

. H&H believes that an

e x emption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with Section 91.151 (a)). Given the limited size and speed of the UAS , its abilit y to land safe l y almost anywhere, that it will be under the operator and the observer’s visual observation at all times,

and that it will be operati ng in a tightly controlled area where all people, other tha n the operator

and the observer will be removed before flight, permitting its operation with less than 30

minutes of reserve fuel does not create th e t y pe of risks that Section 91.15 1(a) was intended to

alleviate.

H&H believes that an equivalent level of safety can be achieved b y li miting flights to 2 5 % of battery power remaining as defined in the H&H MPT OM (a ttached Exhibit #1) . This

restriction would be m ore than adequate to allow the UAS to reach its planned landing zone. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

A A. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required.

H&H requests an exempti on from 14 C.F.R. 91.203(a) and (b). This section provides in part:25 (a) Except 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...

(2) An effect ive U.S. registration certificate issued to its owner...

(b) No pers o n ma y operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed

at the ca bin or cockpit entrance so that it is legible to passengers or cre w .”

There are currently no procedures by the FAA for providing airworthiness certificates for UAS

. However, as a condition to the approval of exemption, H&H will display on the UAS a regist ration certificate ("N umber") issued b y the FAA and a copy of the registration document will be at the ground point control area. Also, as outlined in the HH MPTOM, all UAS

maintenance will be recorded and keep at the ground point control area.

The UAS aircraft will be the DJI Phantom 3 Professional which has an equival e nt level of

safe t y as manned aircraft with an airworthiness certificate. The DJI 2. 4 GH z I SM; Intelligent

Orientation Control ( I OC) flight controller provides a number of safe t y features in addition to acting as the command and control including automatic return to home if the radio control link is broken, referred to as a " failsafe " safety feature.

Beca use of the use of GPS with the UAS, the operator will set the initial location of flig ht
takeoff ("home position") and if the radio control link is broken, the DJ I 2. 4 GH z I SM;
Intelligent Orientation Control (IOC) flight controller wil l recognize this bro ken control link

and cause the UAS to automatically return to the home position as rec orded b y the GPS

instrumentation. Additionall y , o nly the PIC and VO are allowed in the landing zone around
home base so that any auto "return to base" performed by the aircraft will do so safely.

In the restricted environment and under the conditi ons pr oposed, operation of the UAS

will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certifi c ate without the restrictions and conditions proposed. H&H will not

oper a te the UAS within 5 miles of contro lled airspace without f irst obtaining written permission

from the airport management and /or permitted by a COA from the local FSD O.

The UAS to be operated hereunder is less than 55 pounds inclusive of batteries and technical

pa y load (gyro and camera), car ries neither a pilot nor passengers, and carries no explosive

materials or flammable liquid fuels. The UAS operating under this exemption will be tigh t l y controlled and monitored by the PIC and the v isual observer (VO) , and under the requirements

and in co mpliance with local public safe t y requirements will provide security and safety for the area of operation.

As part of H&H MPTOM, detailed maintenance is recorded and includes, but not limited to , the26 motors, propellers, batteries, control surfaces, struc tural components, and electrical components

of the RC and UAS

.

These safe t y enhancements provide a greater degree of safe t y to the public and property owners than conventional operations conducted with airworthiness certificates issued under Subpart H.

L astl y , application of these same criteria demonstrates that there is no credible threat to national

securi t y posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inabilit y to carr y a substantial pa y load.

BB. 14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment and Use.

This section requires that installed Air Traffic Control (ATC) transponder equipment must meet
specific performance and environmental requi rements, and aircraft must be equipped with an
operable coded radar beacon transponder.

There are present l y no known commercial l y available ATC transponders that meet the pa y load requirements of a UAS and are available at reasona ble cost. However, because the UAS used by

H&H will not be fl y ing into or near airports, and will fl y no higher than 400 feet AGL, there is

very low risk of collision with any manned aircraft. In addition, because there will be no need to have contemporaneous communication with Air Traffic Control, due to the short distances, short flight time s, and restricted altitude the UAS will operate within, H&H requests an exemption from this section. Additionall y , the UAS is too small to contain ATC transponder equipment in any form factor t hat is known to be available commercially.

C C. 14 C.F.R. 91.403: General.

This section requires that the owner or operator of an aircraft is primari l y responsible for maintaining that aircraft in an airwort h y condition. H&H will adhere to this requir ement

. However, this Section also limits maintenance to that “prescribed in this subpart and other applicable regulations, including part 43 of this chapter.” Because of this limitation, and because of the exemptions under Part 43 reques t ed above, H&H requ ests an exemption from

this Section.

This exemption meets the requirements for an equivalent level of safe t y pursuant to Section 333 based on the small size, light weight, relative l y slow speed, and limited altitude as described previously in this petitio n. H&H MPTOM describes maintenance rules as to check list and logging.

This section requires that the owner or operator of an aircraft is primari l y responsible for maintaining that aircraft in an airwort h y condition. H&H will adhere to this requirement

.

D D. 14 C.F.R. 91.405 (a) and (d): Maintenance Required.27 This section requires that aircraft be inspected as proscribed b y Section E, 14 C.F.R.

§§91.401

- 91.421. As shown below, H&H i s appl y ing for an exemption for these sections, due

to the fact that its operators will inspect the UAS prior to each flight and keep maintenance records of all parts that are replaced. Because the Sect i ons discussed below are concerned with manned aircraft, and as such have inspection requirements designed for the safe t y o f passengers, they are inapplicable to H&H request for Exemption.

H&H is also app l y ing for an exemption to subpart (d) of this section, which requires a placard to be installed and references §43.11. As noted previousl y , H&H requests an exemption to the

p lacard requirement, because, due to the small size of the UAS, there is no room to place the placard. As an alternative

, and to achieve an equivalent level of safe t y , H&H will keep logbooks detailing all maintenance , inspections and repairs..

Despite the requested exemption from subparts (a) and (d) of this section, H&H will follow subparts (b) and (c) of this subpart.

EE. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or

alteratio n

.

This section requires that any a ircr a ft which “has undergone maintenance, preventative maintenance, rebuilding, or alteration unless . . . [i]t has been approved for return to service b y a person authorized under § 43.7 of this chapter . . ..”

However, H&H has r e quested an exemption fro m §§ 43.7 and 43.11 as described previousl y

. The capability of the operat ors to maintain and repair the UAS meets the requirements for an equivalent level of safe t y pursuant to Section 333 for both typ e s of UA S , its intend e d use, and the operating environm ent. Additionall y , due to the small size of the UAS, there is no room to place inspection placards.

Therefore, because H&H has requested an exemption from 43.7 and 43.11, H&H respectful l y requests an exemption from 91.407.

As part of the H&H MPTOM, deta iled maintenance is recorded and includes, but not limited to

, the motors, propellers, batteries, control surfaces, structural components, and electrical

components of the RC and UAS

. This will insure an equivalent level of safe t y

. H&H will

regu larly ins pect and maintain the UAS in accordance with the DJI Phantom 3 Professional

operator 's manual, and keep detailed inspection records as described above.

FF. 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding

or alter atio n

.

H&H requests an exemption from 14 C.F.R. Part
91.407(a)(1 ) . This Part provides that:28 A n y aircr a ft which “has undergone maintenance, preventative maintenance, rebuilding, or
alteration unless . . . [i]t has been approved for return to service b y a person authorized under
§ 43.7 of this chapter . . ..”

H&H has r e quested an exemption from §§ 43.7 and 43.11 as described previousl y . The capabili t y of the operat ors to maintain and repair the UAS meets the requirements for an equivalent level of safe t y p ursuant to Section 333 for the DJI Phantom 3 Professional UA S , its intended use, and the operating environment. Additionall y , due to the small size of the UA S

, there is no room to place inspection placards.

Therefore, because H&H has requested an exemptio n from 43.7 and 43.11, H&H respectful l y requests an exemption from 91.407. To achieve an equivalent level of safe t y , H&H will

regu larly inspect and maintain the UAS in accordance with the DJI Phantom 3 Professional operator manual, the H&H Motion Picture and Television Procedures and Operations Manual (MPTOM) and keep detailed inspection records as d e scribed above.

G G

. 14 C.F.R. 91.409: Inspection s

.

This section la y s out the requirements for inspections of aircraft. H&H respectfully requests an
exempt ion from these requirements because they are intended to maintain the safe t y of manned aircraft significant l y larger and capable of significant l y longer flights than the DJI Phantom 3

Professional UAS. H&H has an inspection proced ure as outlined in the H & H MPTOM . (see

attached E xhibit #1 , Appendix B

- 1, page IX )

. Prior to each flight, the operator will conduct an inspe c tion of the UAS.

The H&H MPTOM pr e

- flight and post

- flight inspections meet or exceed the level of safe t y

achieve d b y adhe r ence to 14 C.F.R . 91.409.

HH. 14 C.F.R. 91.409(a)(2): aircraft issuance of airworthiness certificate inspection.

H&H requests an exemption from 14 C.F.R. 91.203(a) and
(b). This section provides in part:

That no person m a y operate an aircraft unless, within the prec eding 12 calendar months,
it has had an inspection for the issuance of an airworthiness certificate in accordance with part
21 of this chapter.

This section la y s out the requirements for inspections of aircr a ft.

H&H respectful l y requests an exemption fro m these requirements because they are intended to

maintain the safe t y of manned aircraft significantly larger and capable of significant l y longer
flights than the DJI Phantom 3 Pro UAS.29 H&H has an inspection procedure as outlined in the H &H MPTOM. (see at tached Exhibit #1, Appendix B

- 1, page IX). Prior to each flight, the operator wil l conduct an inspection of the

UAS . As part of the H&H MPTOM, detailed maintenance is recorded and includes, but not

limited to , the motors, propellers, batteries, control s urfaces, structural components, and electrical components of the RC and UAS

.

The H&H MPTOM pr e

- flight and post

- flight inspections meet or exceed the level of safe t y

achieve d b y adherence to 14 C.F.R. 91.409.

II. 14 C.F.R. 91.417: Maintenance records.

H&H respectful l y requests an exemption from this Section as it is only applicable for aircraft

with an airworthiness certificate. Because H&H will not have an airworthiness certificate, this Section is inapplicable. As an alternative and to ac h ieve an equ ivalent level of safe t y , H&H will keep detailed maintenance on every part as it is replaced, including but not limited to propellers, batteries, control surfaces, structural components, and electrical components.

JJ. 14 C.F.R. 91.417(a) and (b): Owner/ Operator records of maintenance for aircraf t

.

H&H requests an exemption from 14 C.F.R. 91.417(a) and
(b )

. S ection 91.417(a) and (b) prescribes, in pertinent part, that:

(a) Each registered owner or operator shall keep the f o llowing records for the period s specified
in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropria t e, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must includ e

—

(i) A description (or reference to data acceptable to the Administrator) of the work performed;

and

(ii) The date o f completion of the work performe d; and

(iii) The signature, and certificate number of the person approving the aircraft for return to

service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of lif e

- limited parts of each airframe, engine, propeller, rotor, and
appliance.30 (iii) The time since last overhaul of all items installed on the aircraft which are required to be
overhauled on a specified time basis.

(iv) The cu rrent inspection status of the aircraft, including the time since the last inspection
required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of appli c able airworthiness directives (AD) and saf ety directives
including, for each, the method of compliance, the AD or safety directive number and revision

date. If the AD or safe t y directive involves recurring action, the time and date when the next

action is required.

(vi) Copies of the forms prescr ibed b y § 43.9(d) of this chapter for each major alteration to the
airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records f or the periods prescribed:

(1) The records speci fied in paragraph (a)(1) of this section shall be retained until
the work is repeated or superseded b y other work or for 1 y e ar after the work
is performed.

(2) The records specified in paragraph (a)(2) o f this section shall be retained and transferred

wi th the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter
shall be retained until the defects are repaired and the aircraft is approved for return to service.

H&H res pectful l y requests an exemption from this Section, as it is only applicable for aircraft

with an airworthiness certificate. Because H&H will not have an airworthiness certificate, this Section is inapplicable. As an alternative and to achieve an equivalent level of safe t y , H&H will keep detailed maintenance on every part as it is replaced, including but not limited to propellers, batteries, control surfaces, structural components, and electrical components.

In summary, H&H is seeking exemption from the fo llowing Regulations:

14 CFR 21, 14 CFR 45.23 (b), 14 CFR 61.113 (a) & (b), 14 CFR 61.3; (a) (1) (i); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.105; 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a); 91.203 (a) & (b); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b); 112 P.L. 95 §§ 331

- 334 to commercially operate the Phantom 3 Professional UAS in closed set, restricted access and permitted television and motion picture operations as well as corpora te and industrial technical aerial photography

.31 Hale & Hearty, Inc . respectfully requests that the FAA grant our exemption as we have an excellent record of safety for over 30 years in the motion picture and television and corporate video industry, we have a long history of safe aerial photography and management thereof, and

we are aligned with the FAA’s mission to provide the safest and most efficient aerospace system in the world and such exemption is in the public interest to increase safety

.

Respectfully,

Carl R. Hale, Principal, Hale & Hearty, Inc.

Exhibit 1

Hale & Hearty, Inc. Motion Picture and Television Operations Manual

File name is: Exh1_ MPTOM_Hale_Hearty.pdf

Exhibit 2

DJI Phantom 3 Professional User Manual

File names are: Exh2A_DJI_Phantom3PRO_userManual__P1

- 25.pdf Exh2B_DJI_Phantom3PRO_userManua l_P26

- 59.pdf

Exhibit 3

Michael J, Barnes, Beverly G Knapp,

Barry W. Tillman, Brett A. Walters & Darlene
Veliki, Crew systems analysis of unmanned aerial vehicle (UAV) future job and tasking

e n vironment s , Technical Report AR L

- T R

2081, Aberdeen Proving G round, MD: Army
Research Laboratory (2000)

File name is: Exh 3_ADA374230.pdf32 Exhibit 4

Williams, K.W. (2007). Unmanned Aircraft Pilot Medical Certific a tion Requirements, Report

DOT/FAA/Am

- 07/3, FAA Civil Aerospace Medical Institute

File name is: Exh 4_ua

- pilot_medical.pdf

Exhibit 5

McCarley, J.S. and Wickens, C.D. (2004). Human Factors Implications of UAV’s in the

Na t ional Airspace. Institute of Aviation, Aviation Human Factors Division. University

of Illinois at Urbana

- Champaign.

File name is: E xh 5_uavPlanFinal.pdf