### Approved Technologies
2060 D Avenida De Los Arboles Suite #285 Thousand Oaks, CA 91362

- 1361

U .S

. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590



### December 17, 2015

**Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11**  of

the **Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(I); 91.409 (a)(I) and (2); 91.417(a) and (b).** 

Dear Sir or Madam,

Pursuant t o Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Approved Technologies, an operator of Unmanned Aircraft Systems ("UASs") for data collection, and aerial photography for the motion picture and

televisi on industry, hereby applies for an exemption from the Federal Aviation Regulations ("FARs") to allow commercial operation of its UASs.

On September 25, 2014, the FAA granted exemptions to six UAS operators, including Astraeus Aerial (the "Astraeus Exempt ion"). As set forth in Approved Technologies Flight Operations and Procedures Manual (the "FOPM") and Motion Picture Television Operations Manual (both submitted under separately under 14 CFR 11.35(b)), Approved Technologies

will adhere to the terms of the Astraeus Exemption.

Approved Technologies requested exemption would permit the operation of small, unmanned UAS under controlled and "sterile" conditions in motion picture and television airspace that is: (i) limited, (ii) predetermined, (iii) subject t o controlled access, and (iv) designed to provide greater safety in connection with aircraft operations in the film and television industry. As established by the exemptions already granted by the FAA, approval of Approved Technologies’ exemption would enh ance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace system". Section 333(c) of

the Reform Act.

## u.s. Department of Transportation Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act for 

### Approved Technologies December 17, 2015 2

The n ame and address of the applicant is:

**Approved Technologies** Attn: Tom Hallman; Ph: 818

- 385

- 5435

Email: tomhallman@verizon.net

Address: 2060 D Avenida De Los Arboles

Suit #285 Thousand Oaks, CA 91362

- 1361

UAS to be used:

The aircraft to be used with this exemption are:

DJI S1000 

### DJI S900 DJI Inspire 1 DJI Inspire 2 DJI Phantom2 DJI Phantom 3 Freefly Systems Alta PV

- HL 1 PV

- HL2 PV

- HL3 PV

- 14817 Shotover U1 

### Riegl VUX

- 1 3DR Solo AT

- Heavy Lift 1 AT

- Heavy Lift 2 AT

- Heavy Lift 3 Aerigon IAH 3

Regulations from which the exemption is requested:

14 CFR 61.113(a) and (b) 14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121 14 CFR 91.151(a) 14 CFR 91.405(a) 14 CFR 407(a)(I) 14 CFR 409(a)(2) 14 CFR 417(a) and (b)

UASs operated by Approved Technologies weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover,

## u.s. Department of Transportation Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act for 

### Approved Technologies December 17, 2015 3

and can simultaneously move vertically and horizontally. Approved Tec hnologies will only operate its UASs in line of sight and will operate only within the sterile area described in the FOPM. Such operations will insure that the UAS will "not create a hazard to users of the national airspace system or the public."

Given t he small size of Approved Technologies’ UASs and the restricted sterile environment within which they will operate, Approved Technologies’ UAS operations adhere to the Reform Act's safety requirements. Additionally, due to the size of the UASs and the limi ted areas in which they will operate, approval of this application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in enviro nmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, Approved Technologies respectfully requests that the FAA grant the requested exemption without delay.



### Aircraft And Equivalent Lev **el Of Safety**

The operating limitations proposed by Approved Technologies provide for at least an equivalent or higher level of safety because operations further enhance safety of movie and television filming using conventional aircraft.

As set forth in the FOPM, the limitations and conditions include:

• The UASs will weigh less than 55 pounds

• Flights will be operated within line of sight of a pilot and observer.

• Maximum flight time for each operational flight will be 30 minutes. Flights will be

term inated at 25% battery power reserve should that occur prior to the 30 minute limit.

• Flights will be operated at an altitude of no more than 400 feet above ground level ("AGL") , and not more than 200 feet above an elevated platform from which filming is p lanned.

• Minimum crew for each operation will consist of the UAS Pilot, and the Visual Obs erver.

• A UAS pilot will be an FAA licensed airman with at least a sport pilot's certificate.

• A UAS Pilot will be Pilot in Command (PIC). If a pilot certificate ho lder other than the UAS Pilot, who possesses the necessary PIC qualifications, is also present onset ( i.e. the Aerial Coordinator), that person can also be designated as PIC.

• The UAS will only operate within a confined "Sterile Area" as defin ed in the FO PM.

## u.s. Department of Transportation Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act for 

### Approved Technologies December 17, 2015 4

The FOPM requires the establishment of a "Security Perimeter" for the flight operations area.

• A briefin g will be conducted for planned UAS operations prior to each day's flight. All personnel performing duties within the boundaries of the safety peri meter are required to attend.

• The operator will file a FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office ("FSDO").

• The operator will obtain consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation. This radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOPM. With the adva nced permission of the FSDO, operations at closer range can be approved.

• The operator will submit a written Plan of Activities to the FSDO a minimum of three days before the proposed shoot as required in the FOPM.

• The Pilot and observer must be trained in UAS operations and have received current information on the particular UAS to be operated as required by the FOPM.

• The Observer and pilot will at all times be able to communicate by voice.

• Written and / or oral 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, or other appropriate governmental agencies.

• If the UAS loses communications o r loses its GPS signal, the UAS will have the capability to return to a pre

- determined location within the Security Perimeter and land.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

14 C.F.R. § 61.1 13(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) and (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equival ent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground based operator. The operational area is controlled and restricted, and all flights are planned and coordinated

in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot's certificate operating a conve ntional aircraft. The risks associated with the

## u.s. Department of Transportation Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act for 

### Approved Technologies December 17, 2015 5

use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 that allowing UAS use by a private pilot such as the PIC actually exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).

14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be use d, an exemption is requested. However, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in pertinent part, that:

"except when necessary for takeoff or landing, no person may operat e an aircraft below the following altitudes: .....

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer

than 500 feet t o any person, vessel, vehicle, or structure."

Because Approved Technologies requests authority to operate at altitudes only up to 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned, an exemption is needed t o allow such operations. T he UAS will never operate higher than

400 feet AGL. It will, however, be operated in a restricted area within a security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained

consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of property owners or local officials. Because of the advance notice to the property owners and participants in the filming activity, all affected individuals will be informed of the planned flight operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the pro posed UAS operations is far less than conventional aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the UAS will ensure separation between a UAS and conventional aircraft.

## u.s. Department of Transportation Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act for 

### Approved Technologies December 17, 2015 6

14 C.F.R. §91.121 Altimeter Settings

Se ction 91.121 requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set"...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As a UAS may not ha ve a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant to the FOPM and Safety Check list, confirming the altitude of the launch site shown on the GPS alti tude indicator before flight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather cond itions) there is enough fuel to fly to the fi rst point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes ...."

The batteries powering the Approved Technologies UASs provides approxima tely 40 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights will be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and its proposed operations within a predetermined location, a longer time frame for flight in daylight VFR conditions is reasonable. Furthermore, operating the UASs in a tightly controlled area where only people, property owners, or official representatives who have signed waivers will be al lowed, less than 30 minutes of reserve fuel does not engender the type of risk that §91.151(a) was intended to address. Approved Technologies believes that safety can be achieved by limiting flights to 30 minutes or 25% of

ba ttery power, whichever occurs f i rst. This restriction would be more than adequate to return the UAS to its pre

- determined landing zone from anywhere in its limited operating area.

Approved Technologies is not seeking an exemption for night

- time UAS operations.

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 or owner shall "have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as

pr ovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43

of this chapter...,"and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate

, these sections will not apply to Glide Aerials operations. Maintenance will be accomplished by the operator. An equivalent level of safety will be achieved because the UASs are limited in size, will carry a small payload and operate only in restricted areas for limited periods of

## u.s. Department of Transportation Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act for 

### Approved Technologies December 17, 2015 7

time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the UAS is in working order prior to flight, perform any required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy condition.



### Summary for Publication

Pu rsuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Approved Technologies seeks an exemption from the following rules:

14 C.F.R. §§ 61.1 13(a) and ( b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(l); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned vehicle (55 pounds or less) in motion picture and television operations.

As established by the UAS exemptions already granted by the FAA, allowing commercial operations of UASs in the film industry will enhance safety by reducing risk. In conventional film operations, turbine aircraft operate at low altitudes and present the risks associated with

aircraft that wei gh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the film location. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size

and lack of combustible fuel. The UAS is carried, and not flown, to a film set. In this regard, the UAS carries no passengers or crew and, therefore, will not expose them to the risks associated with manned flights.

The operation of UASs conducted i n the strict conditions outlined in the FOPM will provide

an equivalent level of safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far sa fer than conventional operations conducted with turbine helicopters carrying fuel and flying near the ground and people.



### Privacy

All flights will occur over private or controlled access areas with the property owner's prior consent and knowledge. Film ing will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within

## u.s. Department of Transportation Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act for 

### Approved Technologies December 17, 2015 8

visual line of sight and national security) provide more than adequate justification to grant Approved Technologies’ requested exemption, allowing for Approved Technologies’ UAS commercial ope rations for the motion picture and television industry pursuant to the FOPM

included herewith.

If you have any questions or need any additional information, please contact the undersigned

at 818

- 385

- 5435 or at tomhallman@verizon.net

Sincerely,

T om Hallman Approved Technologies