Nicolas Farley 101 Chatham Dr Salem, IL 62881 September 10, 2015

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, D.C. 20590

Re: :Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 45.23{b);14 CFR Part 21;14 CFR 61.113 (a) 

### & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) 

### & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2};91.417 (a) 

### & (b). Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Nicolas Farley operatorofSmall Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial photographyforowners land photography and photography and filming ofproducts, and groups, hereby applies foran exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and underthe conditions outlined herein oras may be established by the FAA as required by Section 333.1 As described more fully below, the requested exemption would permitthe operation ofsmall, unmanned and relatively inexpensive sUAS undercontrolled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements tothe already safe operations in the film and television industry presently using conventional aircraft. Approval ofthis exemption would therebyenhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: Nicolas Farley 101 Chatham Dr. Salem IL, 62881 Email: nicarley@gmail.com Phone: 618-322-9120 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8- lssue a Certificate ofWaiverfor Motion Picture and Television Filming. Regulations from which the exemption is requested:

• 14 CFR Part 2114 C.F.R. 45.23{b) • 14CFR 61.113 (a) 

### & (b) • 14 C.F.R. 91.7 (a) • 14 CFR 91.9 (b) (2)
Page 1Nicolas Farley 101 Chatham Dr Salem, IL 62881 • 14 C.F.R. 91.103 

# • 14 C.F.R. 91.109 1 

# • 4 C.F. R. 91.119 

# • 14 C.F.R. 91.121 

# • 14 CFR 91.151 (a) 

# • 14 CFR 91.203 (a) 

### & (b) 

# • 14 CFR 91.405 (a) 

# • 14 CFR 407 (a) (1) 

# • 14 CFR 409 (a) (2) 

# • 14 CFR 417 (a) 

### & (b) This exemption application is expressly submitted tofulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directsthe Secretary ofTransportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required underSection 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UASs do notcreate a hazard to users ofthe NAS orthe public or pose athreatto national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirementsforthe safe operation ofsuch aircraft in the national airspace system." ld. §333(c) (emphasis added)2

.The Federal Aviation Act expressly grantsthe FAAthe authorityto issue exemptions. This statutory authority by itsterms includes exempting civil aircraft, as the term is defined under§40101 ofthe Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section orany sections 44702-44716 ofthistitle ifthe Administratorfinds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Nicolas Farley's sUASs are rotorcraft, weighting 55 orfewer lbs. including payload. They operate, under normal conditions at aspeed ofno more than SO knots and have the capabilityto hover, and move in thevertical and horizontal plane simultaneously. They will operate only in line of sight and will operate onlywithin the sterile area described in the Confidential Motion Picture and Television Operations Manual, attached as Exhibit 1 (hereinafter "the Manual")3

.Such operations will insure thatthe sUAS will "not create a hazard to users ofthe national airspace system orthe public." Given the small size ofthe sUASs involved and the restricted sterile environmentwithin which theywill operate, the applicantfalls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size ofthe UASs and the restricted areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant
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### Nicolas Farley 101 Chatham Dr Salem, IL 62881 public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for movie and television operations, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests thatthe FAA grant the requested exemption without delay AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

### The applicant proposes thatthe exemption requested herein apply to civil aircraftthat have the characteristics and that operate withthe limitations listed herein. These limitations provide forat least an equivalent oreven higher level ofsafety to operations underthe current regulatory structure because the proposed operations represent asafety enhancement to the already safe movie and television filming operations conducted with conventional aircraft. These limitations and conditions to which Nicolas Farley agrees to be bound when conducting commercial operations underan FAA issued exemption include:

• The sUAS will weigh less than 55 lbs. • Flights will be operated within line ofsight ofa pilot and/orobserver. • Maximum total flighttimefor each operational flightwill be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur priortothe 30 minute limit. • Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. • Minimum crew for each operation will consist ofthe sUAS Pilot, the Visual Observer, and the Camera Operator. • The UAS will only operate within a confined "Sterile Area" as defined in the Manual. Section H, I and 

### J ofthe Manual requires the establishment ofa "Security Perimeter" forthe flight operations area. • A briefing will be conducted in regard to the planned sUAS operations priorto each day's production activities. Itwill be mandatorythat all personnel who will be performing duties within the boundaries ofthe safety perimeter be present forthis briefing. • The operatorwill obtain the consent ofall persons involved in the filming and ensure that only consenting persons will be allowed within 100feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required by Section Kofthe Manual. With the advanced permission ofthe relevant FSDO, operations at closer range can be approved. • Pilot and observerwill have been trained in operation of UAS generally and received up-to-date information on the particular UAS to be operated as required Sections M and Nofthe Manual. • Observer and pilot will at all times be able to communicate by voice and/ortext. • Written and/ororal permission from the relevant property holders will be obtained. • All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, orotherappropriate governmental agencies. • Ifthe sUAS loses communications or loses its GPS signal, the UAS will have capabilityto return to a pre-determined location within the Security Perimeter and land. • The sUAS will have the capabilityto abort aflight in case ofunpredicted obstacles or emergencies.

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### Nicolas Farley 101 Chatham Dr Salem, IL 62881

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart Hmeets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis of these criteria demonstratesthatthe UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than aconventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed.
The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within asecured area as set out in the Manual. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator, pursuant tothe Manual's requirements, and underthe requirements and in compliance with local public safety requirements, to provide securityforthe area ofoperation as is now done with conventional filming. The FAA will have advance notice ofall operations. These safety enhancements, which already applyto civil aircraft operated in connection with motion picture and television production, provide agreater degree ofsafetyto the public and propertyownersthan conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed by the UAS, due to its size, speed ofoperation, location of operation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.
14C.F.R. § 45.23 (b). Markingofthe Aircraft


### The regulation requires:
When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator mustalso display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.
Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe sUAV, two-inch letteringwill be impossible.
Page 4Nicolas Farley 101 Chatham Dr Salem, IL 62881 The equivalent level ofsafetywill be provided by having the sUAV marked on itsfuselage as required by §45.29 (f) where the pilot, observer and others workingwiththe sUAV will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700,8738, 10167 and 10167A.
14 C.F.R. §61.113 (a) 

### & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) 

### & (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operatingthe aircraftto have a private pilot's license ratherthan acommercial pilot's license to operate this small UAS. Unlike aconventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level ofsafety provided by the requirements included in the Manual exceeds that provided by asingle individual holding acommercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted,that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61.113 (a) 

### & (b).
14C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the Manual for maintenance and use ofsafety check lists priorto each flight, as setforth in SectionsJ, Land Q, an equivalent level ofsafetywill be provided.
14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. May 27, 2014 Page Seven 1299 Pennsylvania Avenue, NW, Suite 700, Washington, DC 20004-2400T: {202) 842-7800 F: {202) 842-7899 www.cooley.com The sUAS, given its size and configuration has no ability or place to carry such aflight manual on the aircraft, notonly because there is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.
14 C.F.R. §91.103: Preflight action
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### Nicolas Farley 101 Chatham Dr Salem, IL 62881 This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. An equivalent level ofsafety will be provided as set forth in Sections J and Kofthe Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation of flight.
14 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate acivil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by theirdesign do not have fullyfunctional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptionsforflight training withoutfullyfunctional dual controls fora number ofaircraft and forflight instruction in experimental aircraft. See Exemption Nos.5778K 

### & 9862A. The equivalent level ofsafety provided by the factthat neithera pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.
14C.F.R. §91.119: Minimum safe altitudes 

### Section 91.119 establishes safe altitudes foroperation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters bythe FAA. As this exemption is for asUAS that is a helicopter and the exemption requests authorityto operate at altitudes up to400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will neveroperate at higherthan 400 AGL. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent.
The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owneror local officials. Because ofthe advance notice tothe property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations as set forth in Section Kofthe Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein and the lack offlammable 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 movie industry. In addition, the lowaltitude operations ofthe sUAS will ensure separation between these smaiiUAS operations and the operations ofconventional aircraft that must comply with Section 91.119.
14C.F.R. §91.121 Altimeter Settings 

### This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...tothe elevation ofthe departure airport or an appropriate altimetersetting available before departure." As the sUAS may not have a
Page 6Nicolas Farley 101 Chatham Dr Salem, IL 62881 barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafetywill be achieved by the operator, pursuantto the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.
14C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes."
The battery powering the sUAS provides approximately40 minutes of powered flight. To meet the 30 minute reserve requirement in 14CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits proposed operationswithin a predetermined area, a longertime frame for flight in daylight or nightVFR conditions is reasonable. Applicant believes that an exemption 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 FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners orofficial representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utilityforwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limitingflights to 30 minutes or25% of battery powerwhichever happens first. This restriction would be morethan adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to otheroperations, including Exemptions 2689F, 5745, 10673, and 10808.
14C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew. The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the sUAS. An equivalent level ofsafetywill be achieved by keeping these documents at the ground control pointwhere the pilotflying the sUAS will have immediate access to them, to the extentthey are applicable tothe sUAS. The FAA has issued numerous exemptions to this

Page 7Nicolas Farley 101 Chatham Dr Salem, IL 62881 regulation. A representative sample ofotherexceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 of this chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will not apply tothe applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manuai.(See Sections Land 

### Q) An equivalent level ofsafetywill be achieved because these small UASs are very limited in size and will carry asmall payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. As provided in the Manual, the operatorwill ensure thatthe UAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwiththe aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.
Pursuant to 14C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) 

### & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) 

### & (b) to operate commercially asmall unmanned vehicle (551bs or less) in motion picture and television operations. Approval ofexemptions allowing commercial operations ofsUASs in the film industrywill enhance safety by reducing risk. Conventional film operations, usingjetor piston poweraircraft, operate at extremely lowaltitudesjustfeetfrom the subject being filmed and in extreme proximityto people and structures; and presentthe risks associated with vehicles thatweigh in the neighborhood of4,000ibs., carrying large amounts ofjetAorotherfuel (140 gallons forjet helicopters shown below). Such aircraft mustfly to and from the film location. In contrast, a sUAS weighing fewerthan 55 lbs. and powered by batteries eliminatesvirtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried tothe film set and notflown. The sUAS will carry no passengers orcrew and, therefore, will not expose them to the risks associated with manned aircraft flights.
The operation ofsmall UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate atslow speeds, close tothe
Page 8

### Nicolas Farley 101 Chatham Dr Salem, IL 62881 ground, and in asterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximityto the ground and people. Privacy 

### All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. Night operations will also be conducted by sUASs and as shown in the photographs below, such operations are fully lighted so thatvisibility is as though filming was conducted during daylight hours.
Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- provide more than adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS in the motion picture and television industry pursuanttothe Manual appended hereto. Sincerely,

# ~)~ 

# rJ

Nicolas A. Farley

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