FutureSky Film Solutions 12 Lark Street Washi ngtonville , NY 10992 908-456-4744 info@futureskyfilmsolutions.co m
U. S. Department ofTransportation Docket Operations West Building Ground Floor, Room w12-140 1200 NewJer sey Ave, SE Washington, DC 20590
August 12, 2015
RE: FutureSk y Film Solut ions Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 oft he F ederal Aviation Regulations from : 14 CFR 61.3; 14CF R61.113(a) and (b); 14 CFR 9 1.7(a); 1 4 CFR 91.1 19(b) and (c); 14CFR 9 1.121; 14 CFR 91.151(a)(l) and (b); 14 CFR 91.405{a); 14 CFR 9 1.407(a)( 1 ); 14 CFR 9 1 .409(a)(1) and (2); 14 CFR 91.417(a) and (b) concerning comm ercial operation of Unmann ed Aircraft Systems.
To Whom It May Concern,

Pursuant to Section 333 ofthe F AA M ode rnization and Reform Act of 2012, FutureSk y Film Solutions (referred to as Petitioner), herby app lies for an exemption fro m th e listed Federal Aviation Regulations to allow operations of a commercial Unmanned Ai rcraft System (UAS). All proposed operations will be conducted under the cond itions outlined in this petition or set forth bythe FAA by Section 333.
Background: The P etition er is a sole proprietorship offering film so lutions to public and private groups

. Services offered in clude GIS mapping, thermal imaging for search and rescue, disaster damage assessment, architectural planning assessment, and public safety (fire and po lice) applications

. FutureSky F il m Solutions has maintained an impeccable safety record.

SimilarExemptions: The follow ing previously granted petition s are similar in all/or many material aspects: Exemption Nos. 11062, 11109, 11112, 11213,
UnmannedAircraftSystem: The Petitioner is proposing to use the CorbonCore Cortex Octocopter, CarbonCore Cortex Quadcopterand DJI Phantom 3 fortheir UAS operations. The Cortex airfram es are made of ca rbon fiber and weighs less than 10 pounds, completely assembled. The overall diameter of

1the Cortex is 1,200mm. The UAS will feature dual flight control redundancy capable of 256 waypoints, auto flight, auto land, hover lock, and return home features. The Cortex have the battery capacity for up to 30 minutes of uninterrupted flight and will only be flown until 25-30% of battery capacity remains. The UAS will never be operated at a speed higher than 50 knots, and never higher than 400ft. AGL. Before each flight, the UAS will be updated with failsafe landing locations for the specific operation; should the link be lost during flight the UAS will

return safely to the predetermined location and land. Each UAS is equipped with smart hardware and software to ensure accurate flight and return home. UAS Operator: The Petitioner currently has a single operator, with over 100 hours of training flight time. Each operator who will be in control of a UAS for the Petitioner in the future will undergo appropriate training and safety procedures. Each operator will accumulate a minimum of 25 hours of training time before operating the UAS in any commercial setting. Retraining will be conducted on a regular basis by the Petitioner in order to assure that qualifications and skills are adequately maintained by all operators. Operating Parameters: The Petitioner has set forth the following parameters for UAS operations. Before each flight of the UAS the operator will be responsible for checking weather conditions and determining that safe operations may be conducted. The UAS shall always be inspected before conducting any operations. The operator will be responsible for determining the airworthiness of the UAS by conducting preflight inspections per the Original Equipment Manufacturer (OEM) recommendations. If the p r eflight inspection, reveals any condition that may affect safe operations, the UAS will be grounded until proper maintenance and repairs have been made. All maintenance and alterations will be documented in the aircraft records. Only trained personnel may act as the UAS operator. The operator must be designated before

the beginning any flight operations and cannot transfer that designation for the duration of any flight. Visual Line of Sight must be maintained at all times by the operator. The UAS will not be operated any faster than 50 knots and shall never reach an altitude higher than 400ft. AGL. The UAS shall not fly in wind conditions any greater than 20m ph. Flight operations will always

be conducted under VFR conditions. The UAS will remain clear of and yield the right of way to all other manned vehicles regardless of size or weight. The UAS will never fly within 3 miles of an airport unless notified & cleared. Public Benefit Unmanned Aircraft system are a practical and safe platform to obtain aerial footage without the cost and dangers of operating helicopters. UAS provide cost effective availability of advanced search, rescue and surveillance opportunities to a variety of commercial and public safety applications and stakeholders. 2

### 14 CFR 61
.3 Requirementsfor Certificates, Ratings, andAuthorizations 1.4 CFR 61.
.1.13(a} and(b) Private PilotPrivileges andLimitations: Pilotin Command The Petitioner asserts that since the UAS will not carry any pilot or passengers on board, the proposed operations will not adversely affect safety by requiring the operator in control of aircraft to have a private pilot or a commercial pilot certificate, as long as they have knowledge ofairmanship and possess the skills to operate the UAS. In support ofits position, the Petitioner argues that, since there are no standards for either private or commercial UAS pilot certificates, knowledge of airspace regulations and dexterity in the control and operation ofthe UAS acquired from actual operation ofthe aircraft will be the most important factors in establishing an equivalent level ofsafety. Through ground school and internal training the proper knowledge of airmanship can be achieved to maintain safe flight operations.
Furthermore, the Petitioner explains that, given the restricted and controlled airspace within which operations will take place, the key factors needed by the operator are knowledge ofthe airspace within which the operation will take place and how that airspace fits into the National Airspace System (NAS). The Petitioner also states that it cannot be assumed that a private pilot or commercial pilot, approved to operate a rotorcraft or fixed wing aircraft, has the skill or abilityto safely operate an unmanned aerial system, operating at 400ft. AGL or lower, within strictly controlled pre-approved airspace.

The Petitioner is confident that with the propertraining and safety measures put in place it can effectively carryout it's proposed operations. Hands

-on experience with the UAS is a far more effective guarantee offlight safetythan a private pilot or commercial pilot certificate would be, until the FAA Pilot Certificate requirements catch up to the UAS technology.
The risks associated with the operation ofthe UAS (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations ofthe UAS as set forth in this petition meets or exceeds the present level ofsafety.

It is unfeasible to state that a pilot with a certification (private or commercial) would be able to operate the UAS to a higher level ofsafetythan a person who does not hold any pilot certificate, provided they have proper knowledge of airmanship, and are familiar with the UAS he or she is operating. Currently there is no training included in private pilot or commercial pilot certification process regarding UAS operations. An equivalent level ofsafety will be provided by allowing operation ofthe UAS without a private pilot's certificate or a commercial pilot's certificate, underthe conditions set forth herein.

314 CFR 91.7{a) Civil Aircraft Airworthiness The r eg ulation requires that no per so n may operate a civil aircraft unle ss it i s in airworthy condition. Since there is no regulatory standard for determining airworthiness of a UAS, there will be no certificate issued. Th ere fore at th is time regulation 91.7(a) is not applicable for UAS operations and an exemption is needed. However, the Petitioner will follow all safety and inspection procedures outlined by the Original Equipment Manufacturer (OEM) to determine airworthiness. The operator will determine the airworthiness of the UAS by conducting prefli g ht and post flight inspections. If at any time the operator determines the UAS not be airworthy it is to be grounded immediately until all proper repairs have been made. The UAS will undergo a test flight after a ny such repairs to ensure functionality before it is returned to commercial operations. 14 CFR 91.119(b) and (c) Minimum Safe Altitudes The Petitioner requests relieffrom14 CFR 91.119(b) and 14 CFR 91.119(c). T he regulation states, "Over any congested area of a city , town, or settlement, or over any open air assembly of persons, an altitude of 1,000 ft. above the highest obstacle within a horizontal radius of 2,000 ft. of the aircraft." With the UAS having an operation ceiling of 400ft. 91.119(b) is not applicable for the Petitioner to conduct its proposed operations in compliance of this regulation. The Petitioner notes that because it requests to operate at altitudes only up to 400ft. AGL, an exemption i s ne ede d from 14 CFR 91.119(c) to allow for s uch operations. A s discussed in Exemption No. 11109 to Clayco, Inc . (Docket No. FAA-2014-0507), operations conducted closer than 500 feet to the ground may require that the UAS to be operated closer than 500 feet to esse ntial persons, or objects that would not b e possible without additional relief. Operation s will always be conducted in an authorized, controlled area. Due to the specific operation proposed the UAS will at times be closer than 500ft. to the operator, essential people, vehicles, an d structures therefore exemption i s needed from 91 . 119(c). The Petitioner is confident that since it currently . carries out the operations described in this document with r otorcraft, it will be able to at least maintain or exceed current safety levels by utilizing a UAS. 14 CFR 91.121 Altimeter Settings The Petitioner is also requesting an exemption from regulation 91.121, as the UAS will have a GPS altitude readout instead of a barometric altimeter required by the regulation. The Petitioner and operator will achieve an equivalent level of safety via live flight data and p r eflight safety checklist set forth by OEM. The operator will confirm the altitude of the launch s it e s hown on th e GPS a ltitu de indi cator before flight in order t o ens ure accuracy. 414 CFR 91.151(a){1) and{b) Fuel Requirementsforflight in VFR Conditions This regu lation prohibits any person from beginning a fl ight in a fixed-wing aircraft under VFR conditions (with consideration ofwind and forecast weather cond itions) unless there is enough fuel to fly to the first point ofintended landing and, assuming normal cruise speed- (1) During the day, to fly after that for at least another 30 minutes. Part Bofthis regulation describes operation requirements for rotorcraft.
The UAS has a battery that provides up to 30 minutes of powered flight. In order to comply with this regulation flight times would have to be limited to 10 minutes before the UAS would need to be grounded in order to maintain proper battery reserve as described in part 91.151. This limited flight time is not feasible and would make operations nearly, if not completely impossible. All operations will be conducted with a fully charged battery. Flight time will be limited to 30 minutes orwhen 25

-30% battery life remains; whichever is to occur first. The operator will be able to monitor battery percentage thorough their flight controls. With the operator maintaining VLOS and with 25% battery remaining, there will be still be sufficient time to return the UAS to the planned operational landing zone. Therefore, the regulation is not applicable to the UAS, however the Petitioner wi ll maintain its own safety standard as stated above.

14 CFR 91.405(a); 91.407(a){1); 91.409{a)(1) and{2); 91.417(a) and(b) Maintenance Inspections andRecords The Petitioner is also requ esting relieffrom maintenance and inspection requirements under 91.405(a) and (b), 91.407(a)(l), 91.409(a)(1) and (2), and 91.417(a). An exemption should be granted underthese sections because the UAS to be used is not a U.S. registered civil aircraft with an airworthiness certificate and therefore 14 CFR 91 regulations do not apply. Furthermore a designated official certified by the FAA to have maintenance signatu re authority does not currently exist for UAS operations. However, the P

. etitionerwill employ a maintenance and quality assurance program which meets or exceeds applicable regulatory stan dards for U.S. registered aircraft. No operations will take place without inspections and maintenance item s being completed. All inspections and maintenance action items will be documented in aircraft logs. The Petitioner further states that Original Equipment M anufacturer (OEM) requirements will be followed in the performance of maintenance, inspection and record keeping for the UAS.
The Petitioner states that the OEM defines the maintenance requirements forthe unmanned aircraft and perthose requirements, the Petitioner will ensure that it will conduct all inspectionsto precise OEM standards. Again, no flight operations will take place without required inspections and maintenance items being completed. Further, all inspections and maintenance action items will be documented in aircraft logs. The Petitioner will comply with the manufacturer's UAS component, maintenance, overhaul, replacement, inspection, and life lim it requirements
. The opera tor is responsible for a through preflight and pos t flight



### 5insp ection ofthe UAS to ensure airworthiness . T h e inspection s hall be con du cted in accordance with the in st ruction s outl in ed in the manufacture s user's ma nual. When necessary only qualified OEM maintainer s will perform higher level inspections and maintenance or overhaul per OEM standard s. Petitioner Closing Statement As se t forth h e r e in, FutureSky F ilm Solutions seeks an exemption pur s u a nt to 14 C.F.R. § 11 .6 1 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of th e CarbonCore Cortex Octocopter, CarbonCore Cortex Quadcopter and OJ/ Phantom 3 commercially, without an a irworthin ess certificate, for th e limit ed purpose of conducting aerial video and photography ov e r certain areas of the Unit e d States. By granting thi s Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and R e form Act of 2012, while also advancing the inter es t s of the public, by allowing FutureSky F ilm Solutions to safely, e fficiently, and economically operate UAS commercially within the N atio nal Air Space ( N AS).

Wherefore, in ac co rdan c e with the Federal Av ia tio n Regulations and the FAA Modernization an d R e form Act of 2012, Sec tion 333, F utur eS ky Film Solutions r es p ectf ully requests that the Administrator grant thi s Petition for an exemption from the requirem en t s of 14 C.F.R Sections 61.3, 61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1) and (b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit FutureSky F ilm Solutions to operate the CarbonCor e Cortex Octocopt er, CarbonCore Cortex Quadcopter and OJ/ Phantom 3 UAS commercially for the purpose of co ndu c ting aerial video and photo g raphy over certain areas of the United

S tates. We invite you to pl ease look at our website, www.futureskyfilmsolutions. co m for further information regardin g our company's operation s. _ " - _. Respectfully submitted, Louis Pedrero Owner

,... FutureSky Film Solutions 12 Lark Street Washingtonville, NY 10992 908-456-4744 info @fu tur eskyfilmsolutions. com

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