US Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

26th November 2015

Patrick M. Schulz, ​dba, Red Fox Studios

14 Howard Street

Blackstone, MA 01504

Re: Exemption Request § 333 of the FAA Reform Act of the Federal Aviation

Regulations from 14 CFR § 21; 61.113 (a) & (b); 91.7 (a); 91.9 (b); 91.109 (a);

91.119 (c); 91.121; 91.151 (a); 91.203; 91.405 (a); 91.407 (a) (1); 91.409 (a) (2);

91.417 (a) & (b)

Dear Sir or Madam,

I , Patrick M. Schulz, dba Red Fox Studios, am writing pursuant to § 333 of

the FAA Modernization and Reform Act of 2012 and the procedures contained

within 14 C.F.R. Part 11, to request that the petitioner, Red Fox Studios, an

operator of small unmanned aircraft system (sUAS), petition for exemption from

the Federal Aviation Regulations listed below and any regulation as required by

the FAA that is deemed necessary in order to conduct commercial UAS

operations as described.

As described more fully below, the request exemption would permit the

operation of small, unmanned and multi-rotor aircraft to pursue safe,

professional, for profit services to private and public entities within the State of

Massachusetts and adjoining states. The aircraft will be utilized under controlled

conditions in airspace that is contained, predetermined, has on-site safety

personnel controlling access, and would provide increased safety and

enhancements to clients’ business operations.

Red Fox Studios will utilize small unmanned aircraft systems for aerial still

and video data capture for, but not limited to the following purpose:

1. Aerial photography and/or video for public and/or private use including

architecture, land surveying, real estate, engineering, and other related

professional activities.
2. Aerial video and/or photography for public and/or private use including

cinematography, public events, etc.

3. Aerial inspection/photography of residential/commercial structures under

contract with the owners or local government authority.

The name and address of the application is:

Red Fox Studios

Patrick M. Schulz

Phone: 518-361-9162

Email: Patrick@RedFox-Studios.com

Address: 14 Howard Street, Blackstone, MA 01504

BACKGROUND INFORMATION

The sUASs that will be utilized during the operations are an extremely

successful consumer grade small rotorcraft in the quad copter configuration

manufactured by DJI with a model of Inspire 1. This sUAS utilize an internal

inertial measuring unit (IMU) with integrated barometric sensor augmented with

global positioning system (GPS) to maintain its geospatial orientation and

position. They are controlled primarily through an FCC certified radio control

(RC) unit. Real time video and telemetry information is transmitted back to a

ground control station allowing the operator to monitor battery level, GPS signal

strength, altitude (AGL), distance from operator, camera imagery, and control

camera angle. They have failsafe modes of operation for either loss of RC or

GPS signal. Altitude can be limited by the onboard flight controller and maximum

altitude can be preprogrammed by the operator. Battery life limits flight times to

approximately 25 minutes. The onboard flight controller will warn the pilot via

telemetry and external lighting cues before reaching a low battery state. An

automatic termination of flight and landing will be initiated when the battery

reaches a predetermined low state.

The DJI Inspire 1 has an advertised weight of 6.4 pounds (2935g) designed

primarily to carry aloft a high definition camera. It has an advertised maximum

speed of less than 43 knots (22m/s) and a maximum climb rate of less than 1000

feet per minute (5 m/s). It is powered by four electric motors with a diagonal

distance of 22-23 inches (559-581mm). More information is available in

attachment 1.

PUBLIC INTEREST AND HOW THE PUBLIC WILL BENEFIT
By granting this exemption request it will permit, RedFox Studios, to provide a

safe, efficient, and economical alternative to the traditional manned aircraft

aerial photography and videography, which is very expensive and limited the

service to only wealthy individuals and companies. RedFox would like to provide

affordable aerial photography services to everyone.

PUBLIC SAFETY

RedFox Studios will provide a safe, effective, and fast means to inspect

infrastructure, buildings, and potentially hazardous areas not previously

accessible in order to insure public safety and verify quality assemblies during

construction and identify post-construction maintenance issues.

Regardless of the services or activities being performed by RedFox and the

registered UAS, public safety will be the first priority. This is achieved by

constant situational awareness and extensive training to lead to better

decision-making.

PRIVACY

All flights will occur over private or controlled access property with the prior

consent and knowledge of the event. All aerial photography and filming will be

of people who have also consented to being photographed or otherwise have

agreed to be in the area where filming will take place.

CONDITIONS AND LIMITATIONS

In addition to the limitations set forth in C.F.R. Title 14 and the applicable FAR,

the applicant propose the following limitations and conditions:

1. UAS must weigh less than 55 pounds.

2. UAS airspeed will not exceed 50 knots.

3. UAS will only be operated in direct visual line of sight of the pilot and

observer without use of a visual aid other than corrective lenses.

4. UAS will not operate at a level higher than 400 feet above the ground.

5. UAS will only operate over private or public sites only with prior

permission from property owner or owner’s agent or legal authorities as

allowed by law.

6. Operate in accordance with the guidance and standards set forth by the

UAS manufacturer. Including, but not limited to:
a. Minimum safe distances from nonparticipants and private

property.

b. Regular and thorough maintenance and testing of UAS.

c. Terminating flight when battery voltage drops to 20% of battery

capacity or the low battery alert occurs.

7. All participating persons and property owners must consent to the UAV

operations.

8. If the UAS loses communications or loses its GPS signal, the UAS must

return to a predetermined location within the security perimeter and land

or be recovered in accordance with the operator’s manual.

9. The operator must obtain a Certificate of Waiver or Authorization (COA)

prior to conducting any operations outside the parameters set in this

exemption.

10. All aircraft operated in accordance with this exemption must be identified

by serial number or government issued registration number. Markings

must be as large as possible.

11. The operator must develop procedures to document and maintain a

record of the UAS maintenance, alterations, status of

replacement/overhaul components, and the total time in service.

12. The operator must comply with all manufacturer's safety bulletins and

verify all software and hardware is up to date.

13. Before conducting operations, the radio frequency spectrum used for

operations and controls of the UAS will comply with the FCC or other

appropriate government oversight agencies requirements.

14. The UAS must remain clear and yield the right of way to all other manned

operations and activities at all times.

15. The UAS may not be operated in controlled airspace, such as airports,

without written approval from the FAA.

16. If any incidents occur that have caused damage to person or property

then the operator must generate a report including all relevant photos

and videos related to the incident, as well as, written statements from all

witness.

LIST OF ATTACHMENTS

1. DJI Inspire, Operating Manual

2. DJI Inspire Safety Guidelines

3. DJI Maintenance Manual

4. Battery Log Form

5. Pre Flight Checklist

6. UAV Flight Safety Checklist

7. Incident Report
REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

14 CFR Part 21 Subpart H

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.109 (a)

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)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a)

(1) ​This section outlines the requirements for the issue of design and production

approvals, airworthiness certificates, and other miscellaneous airworthiness

approvals. Red Fox Studios is aware that 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 for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to

airports and populated areas of the particular small UAS. In all cases, an analysis

of these criteria demonstrates that the small UAS 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 small UAS to be operated hereunder is 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 secured

and designated area. Unlike other civil aircraft, operations under this exemption

will be tightly controlled and monitored by both the operator and under the

requirements and in compliance with local public safety requirements. These

safety enhancements 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 small UAS, 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 C.F.R. § 61.113(a)&(b): Private Pilot Privileges and Limitations: Pilot in

Command.​Pursuant to 14 CFR 61.113 (a)&(b), no person who holds a private pilot

certificate may act as a pilot in command of an aircraft that is carrying

passengers or property for compensation or hire. Red Fox Studios can achieve

an equivalent level of safety as achieved by current regulations because our

small UAS does not carry any pilots or passengers. Further, while helpful, a pilot

license will not ensure remote control piloting skills. The risks associated to the

operation of small UAS are far less than the risk levels inherent in the

commercial activities outlined in 14 CFR 61. The operation and limitations set

forth will equate to the safe operation of the small UAS.

14 C.F.R. §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 exists for determining airworthiness. Given

the size of the aircraft for maintenance and use of safety checklists prior to each

flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. S​ection 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 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 small UAS, 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 flight manual at the ground control point where the pilot flying the

small UAS will have immediate access to it.

14 C.F.R. §91.109: Flight Instruction​. Section 91.103 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. Small UAS

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 equivalent level of

safety provided by the fact that neither a pilot nor passengers will be carried in

the aircraft and by the size and speed of the aircraft.

14 C.F.R. §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 a small UAS that is a helicopter and the
exemption requests authority to operate at altitudes up to 400 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, the

small UAS will never operate at higher than 400 AGL. The equivalent level of

safety will be achieved given the size, weight, speed of the small UAS as well as

the location where it is operated. No flight will be taken without the permission

of the property owner or local officials. Because of the advance notice to the

property owner and participants in the filming activity, all affected individuals will

be aware of the planned flight operations. Compared to flight operations with

aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed

herein and the lack of flammable fuel, any risk associated with these operations

is far less than those presently presented with conventional aircraft operating at

or below 500 AGL. In addition, the low-altitude operations of the small UAS will

ensure separation between these small UAS operations and the operations of

conventional aircraft that must comply with Section 91.119.

14 C.F.R. §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 small UAS may 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 safety

check list and live flight data monitoring, confirming the altitude of the launch

site shown on the GPS altitude 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 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 small

UAS provides approximately 25 minutes of powered flight. To meet the 30

minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited

to approximately 10 minutes in length. Given the limitations on the small UAS’s

proposed flight area and the location of its proposed operations within a

predetermined area, a longer time frame for flight in daylight or twilight VFR

conditions is reasonable. Applicant believes that an exemption from 14 CFR

§91.151(a) falls within the scope of prior exemptions. Operating the small UAS, 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 small UAS.

Additionally, limiting small UAS flights to 10 minutes 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

20% of battery power— whichever happens first. This restriction would be more

than adequate to return the small UAS to its planned landing zone from

anywhere in its limited operating area.

14 C.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 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 (a) 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 small 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 or to display them on the small

UAS. An equivalent level of safety will be achieved by keeping these documents

at the ground control point where the pilot flying the small UAS will have

immediate access to them; to the extent they are applicable to the small UAS.

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 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. The petitioner will

complete all authorized component replacements at the petitioner’s base of

operations or in the field as required. The manufacturer or authorized repair

center will complete any maintenance or repairs that cannot be completed by

the petitioner. An equivalent level of safety will be achieved because the UAS is

very limited in size and will carry a small payload and operate only in restricted

areas for a limited period of time. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 feet AGL. The

operator will ensure that the UAS is in working order by completing a pre-flight

and post-flight safety/operating check lists to verify all equipment is operating

properly, perform any required maintenance, and keep a log of any maintenance

performed. 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. An equivalent level of safety will be achieved through

regular maintenance and inspections performed in accordance with the UAS

Manufacturer's User Manual. The operator will ensure that the UAS is in working

order prior to initiating flight and perform required maintenance as needed.
CONCLUSION

Red Fox Studios seeks an exemption pursuant to 14 C.F.R. §11.61 and Section

333 of the FAA Modernization and Reform Act of 2012 from the requirements of

14 CFR §21; 6.113 (a) & (b); 91.7 (a); 91.9 (b); 91.109 (a); 91.119 (c); 91.121; 91.151 (a);

91.203; 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b), which will permit for

safe operation of the sUASs commercially, without an airworthiness certificate,

for the limited purpose of conducting aerial imagery over small, defined

operational areas of the United States.

Approval of this exception will increase safety by permitting an operator to

conduct a service safely by adhering to the prescribed guidelines. Additionally,

exemption will allow for education of sUAS operators and the adoption of FAA

guidelines and approvals for commercial sUAS operations as it pertains to Red

Fox Studios employees. This exemption will allow Red Fox Studios to provide a

service to the benefit of public and private businesses. By granting this petition,

the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the

public by allowing Red Fox Studios to safely, efficiently, and economically

operate the sUASs commercially within the NAS.

Sincerely,

Patrick M. Schulz, dba Red Fox Studios