Attention: U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and 14 CFR Part 11 of the Federal Aviation Regulations from 14 CFR 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) ;91.409 (a) (2) ;91.417 (a) & (b)

Dear Mr. Secretary,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Visual Poets Studios LLC., a Kentucky Limited Liability Corporation, consultant, and operator of Small Unmanned Aircraft Systems (sUASs) equipped to conduct aerial photography and videography purposes, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited, 2) predetermined, and 3) controlled as to access. Approval of this exemption would thereby fulfill the Secretary of Transportation’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.

Visual Poet Studios requests to use the DJI Inspire 1 and the Skyjib 8 for aerial imaging. Both weigh less than 55 pounds including payload. They operate at a speed less than 50 knots and can hover and move in the vertical and horizontal plane simultaneously. Both the DJI Inspire 1 and the Skyjib 8 have an auto return to launch point when battery power is under 25%. The Inspire 1 has a “NoFly Zone” feature which prevents it from flying in controlled airspace. The sUAS will operate within the line of sight within a protected flight area as described below and at 400 feet AGL or less with an observer located close at hand as to make voice communication possible. These operations will not create a hazard to users of the national airspace nor the environment.

Visual Poet Studios uses a two-man operating system for its sUASs: one person is solely responsible for manning the flight controls of the craft while the second is responsible for the control of the camera. In most cases there is also an observer who watches both the craft and the surrounding area for additional safety. This provides increased awareness of the craft, the airspace, and the location.Visual Poet Studios respectfully requests the grant of an exception to the following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight sUASs for commercial use:

14 CFR Part 21 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 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)

The name and address of the applicant is: Visual Poet Studios, Attn: Kevin Bryan, 193 Willowbrook Drive, Fisherville, KY 40023. Phone: 502-419-9518. Email: Kevin@visualpoetstudios.com

Visual Poet Studios submits this application in accordance with the Reform Act, 112 P.L. 95 331-334, seeking relief from any currently applicable FAR’s operation to prevent Visual Poet Studios future commercial use of small sUASs to operate in the national airspace system as described below. The Reform Act Section 332 provides for such integration of civil unmanned aircraft into our national airspace system as it is in the public’s interest to do so. Visual Poet Studios sUASs meet the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of these sUASs are expressly contemplated by the Reform Act. Visual Poet Studios would like to operate its light weight sUASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in national airspace before completion of the rule making required under Section 332 of the Reform Act. In making this determination, the Secretary of Transportation is required to determine which sUASs do create a hazard to users of the national airspace system or the public or pose a threat to national security in light of the following:

The sUASs size, speed, weight and operational capability;

Operation of the sUASs in close proximity to airports and populated areas;Operation of the sUASs within visual line of sight of the operator.

Reform Act 333(a). If the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Reform Act 333(c). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined

under 40101 of the 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 of a regulation prescribed under subsection (a) or (b) of this section or any sections (44702-44716) of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. 44704 ;14 CFR 91.203 (a) (1).

Visual Poets Studios sUASs are rotorcraft weighing well less than 55 lbs. and operate at speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. The sUASs will operate only within the line of sight of the operator within a protected flight area and at 400 feet AGL or less. These will not present a hazard to the national airspace nor the public.

The very small nature of these sUASs combined with the safe guards presented below, will allow for the safe operation greater than that envisioned by Congress for the FAA to establish and by exemption allow commercial operations of sUASs to commence immediately. Also due to the size of sUASs and the areas and altitudes they will operate approval of this exception presents no national security issues and absolutely minimal safety concerns which have been mitigated through our rigorous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety, reduced emissions utilizing sUASs verses traditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography thereby benefitting the greater public’s interest. Accordingly, the applicant requests that the FAA grant the requested exemption without delay.

The following will be considered as binding limitation on operations of Visual Poet Studios,

1. Flights will occur during daytime hours, 2. Flights will be operated in the line of sight of the operator (PIC) and observer (VSO), 3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by manufacturer’s recommendations, 4. The UASs will weigh less than 55 pounds, including payload, 5. Flights will be operated at 400 feet AGL or less. 6. Crew will be at a minimum of operator (PIC) and an observer and/or camera operator (VSO), 7. Operator and crew will remain in contact during the flight operation, 8. The sUASs operator will perform a check of the flight area and make certain of the safety of all persons in the area,9. Consent will be obtained from all persons with in the video capabilities of the units to further reduce the chance of violating anyone’s privacy, 10. All required FAA clearances, will be obtained and distances from airports strictly observed, 11. All sUASs will have the capability to return automatically to the operator in a safe manner with the auto return function checked and working, 12. When operated in conjunction with fishing vessels in the gulf, a chase boat will be assigned to operate the sUASs at a safe distance from the main fishing boat, 13. Flights will only operate in VFR conditions, 14. sUASs have a function on the control to tell operator the distance away from the operator and its battery power remaining, 15. Flight team will communicate by voice and the use of two-way radio (or some other walkie-talkie type system) if the area is too big to hear voice from all team members, 16. When operating over or near water the sUASs will be equipped with flotation devices so that recovery can be made as to prevent lithium battery exposure to the

water table.

Adherence to the Operating Manual will insure that the sUASs will “not create a hazard to the national airspace system or the public.” Given the small size and weight of the sUASs involved and the restricted environment within which they will operate, Visual Poet Studios falls within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the size of the UASs and the areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, granting the requested exemptions is in the public interest for the following reasons: (1) the strong equivalent level of safety surrounding the proposed operations, and (2) the significant public benefits, including enhanced safety, reduction in environmental impact, including reduced emissions associated with allowing sUASs for educational and marketing operations, (as opposed to full scale aircraft). Accordingly, Visual Poet Studios respectfully requests that the FAA grant the requested exemption without delay.

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR 91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by VisualPoet Studios Aerial Division, an exemption from 14 CFR Part 21 Subpart H meets the requirements of an equivalent level of safety under 14 CFR Part 11 and Section 333 of the 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 aircraft from the requirement capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.The sUAS to be operated hereunder weighs less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a limited radius area as set out in the pre flight briefing / VLOS operations. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the Operator, pursuant to safety requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional aircraft.

These safety enhancements, which already apply to civil aircraft operated in connection with video production, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 CFR 45.23 (b): With regard to marking of the aircraft, this regulation requires: When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator must also 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”, “lightsport,” “experimental,” or “provisional,” as applicable.

Even though the sUASs will have no airworthiness certificate, an exemption may be needed as the sUASs will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAVs, two inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with 14 CFR 45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by 14 CFR 45.29 (f) where the Pilot, Spotter (Observer) and others working with the UAV will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR 61.113 (a) & (b): Private Pilot Privileges and Limitations Pilot in Command (PIC) Sections 61.113 (a) & (b) limit private pilots to noncommercial operations. Because the sUASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent 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 this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Operating Manual. The level of safety provided by the requirements included in theOperating Manual meets that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks 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 of safety achieved by 14 CFR 61.113 (a) & (b).

14 CFR 91.7 (a): Civil Aircraft Airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Operating Manual for maintenance and use of safety checks prior to each flight, as set forth in the Operating Manual, an equivalent level of safety will be provided. However, as required by 14 CFR 91.7(b) a preflight assessment will be conducted.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft Section 91.9 (b) (2) provides: No person may U.S.registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration, has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the Operating Manual at the ground control point where the pilot flying 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 CFR 91.103: Preflight Action This regulation requires each PIC 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 equivalent level of safety will be provided as set forth in the Operating Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 CFR 91.109: Flight Instruction Section 91.109 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 fully functioning dual controls. UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a

control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that aircraft will be pilotedby a certified private pilot who has previously trained in remote flight areas before attempting flight within filming distance of structures.

14 CFR 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil 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 or altitudes prescribed for helicopters by the FAA. As this exemption is for sUASs, Visual Poet Studios requests authority to operate at altitudes up to 400 ft. AGL ; an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 ft. AGL. It will however be operated in a controlled area 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, speed of the sUAS as well as location where it is operated. No flight will be taken without the permission of the property owner and without advanced notice to participants. Because of the advanced notice to the property owner and participants in the photographic activity, all affected individuals will be aware of the planned flight operations as set forth in the Operating Manual. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and because of the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 ft. AGL. In addition, the low altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings This regulation 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 the sUAS will not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Operating Manual and Safety Checklist, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 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 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 after that for at least 30 minutes ; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 20 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR 91.151, sUAS flights would be impossible. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Visual Poet Studios 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 thesUAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally, limiting sUAS flights would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR 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 it the following: (1) An appropriate and current airworthiness certificate... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (b) of this section or a special flight authorization issued under 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS 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 or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the Pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS, and should they be issued. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR §91.405 (a) ;407 (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 provided 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 section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator ; pursuant to the Operating manual. An equivalent level of safety will be achieved because these sUASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 ft. AGL. As provided in the Operating Manual, the PIC (operator) will ensure that the sUAS is in working order prior to initiating flight, and perform required maintenance. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.Publication Summary Pursuant to 14 CFR 11.81(f), 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 CFR 21, subpart H ; 14 CFR 45.23 (b) ; 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) and 91.417 (a) & (b) to operate commercially Small Unmanned Aircraft Systems (55 lbs. or less) in photography and videography operations.

Privacy All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge, or over remote public land. Image capture of people will have consented prior to being filmed or otherwise have agreed to be in the area where data collection will take place.

Airborne Image Capture With regard to airborne filming, Visual Poet Studios adheres to all FAA regulations. Further Visual Poet Studios airborne teams operate under the principles of: Safety First, Quality Assurance, Accountability, Reporting, and Training. When approved by the FAA, it is Visual Poet Studios mandate to treat all sUAS operations to the exact same level of professionalism and seriousness as that of conventional aircraft. Approval of exemptions allowing commercial operations of sUASs in our industry will enhance safety by reducing risk. Conventional operations, using turbine or piston powered aircraft, present the risks associated with vehicles that weigh roughly 2,000+ lbs., carrying large amounts of Jet A or 100LL (90 gallons for the aircraft sometimes used by Visual Poet Studios). Such aircraft must fly to and from location. In contrast, a sUAS weighing fewer than 55 lbs., and powered by batteries, eliminates virtually all of the risk, given the substantial reduced mass and lack of combustible fuel carried on board. The sUAS is typically transported to the location via auto, or cargo van, in a medium sized case and is never flown to the site. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft.

The operation of sUASs, weighing less than 55 lbs, conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of 14 CFR Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a strategic environment. As a result, they are far safer than conventional operations conducted with piston helicopters, or fixed wing aircraft operating in relatively close proximity to the ground and people. The primary market of interest for Visual Poet Studios UAV, LLC utilizing sUASs is aerial videography and photography. It is anticipated that the airborne image capture process will be accomplished exclusively in daytime VFR environments. To capture the highest quality of resolution the majority of airborne data collections will take place during the daylight hours.Summary of Application 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 visual line of sight and national security – provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s sUASs for aerial videography and photography. Visual Poet Studios is eagerly standing by to support the FAA and sUAS community in its quest to establish proper regulations and protocols for the safe introduction of unmanned aircraft into the national airspace.

Sincerely, Kevin Bryan Director of Photography City on a Hill Productions

& Co-founder of Visual Poet Studios kevin@visualpoetstudios.com

502-419-9518 mobile