Page 1 of 11 Robert Bear
596 Duck Call Cove Cordova, TN 38018 PH: (901) 277

- 3101
October 26 , 2015

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor,

Room w12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Robert Be ar, seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the following described Unmanned Aerial System called in this application the ME System, which includes an Unmanned Aircraft (UA) and ground station

- based equipment and cr ew:

THE UNMANNED AIRCRAFT (UA):

A lightweight (12 .7 lb gross weight with all on

- board equipment), battery operated 8

- motor rotorcraft in the form of an octocopter that takes off and lands vertically, Manufactured by Freefly Systems and Distributed by Qu adrocopter LLC , Model : Cinestar 8 , that includes the following equipment in flight;

 An on

- board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground

- based transmitter/controller;

 An on

- board c amera capable of capturing imagery in the form of full color, high definition still photos and video;

 An on

- board telemetry system that delivers flight data from the on

- board flight computer to
the on

- board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site;

 A 2.4GHz on

- board radio receiver that receives all commands from the ground station;

 A 5.8GHz on

- board radio transmitter that transmits live video from the on

- board pilot camera plus flight data from the telemetry system.

 A 1.2 GHz on

- board radio transmitter that transmits live video from the on

- board camera

.Page 2 of 11

THE GROUD STATION

– BASED PART OF THE SYSTEM:

A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UA while in the air;

 A 2.4GHz radio transmitte r/controller operated by the PIC to control the UA while in flight;

 A 1.2 GHz radio receiver receiving live video and flight data from the on

- board pilot camera and telemetry;

 A 5.8 GHz radio receiver that receives video from the on

- board cinematic cam era;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UA while in flight.

The requested exemption would support an application for a commercial Certificate of Authorization to use the above described ME System to support aerial photography and video primar ily on closed sets during commercial production and of real estate property and extreme sport events such as biking

, never operating over persons not directly involved with the ME system.

The UA, powered by b atteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury.

With a small payload and maximum flight time of only 18 minutes, this is offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

- based

i magery for displaying the characteristics of large, complex properties with several buildings and large

trees.

The alternative could be to charter a full

- sized helicopter for this purpose, which has proven more costly than many potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit many buye rs and sellers of real property and commercial producers.

In the case of extreme sporting events, the UA will operate in rem ote locations where ground based video recording could potentially put the camera crew in harm’s way. The UA is a safer way to capture these extreme sporting events.

Additionally, I request that I be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as I do so.Page 3 of 11

The ME System will be operated in the field with both a PIC and a VO in accord ance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions:

a) No flight will be made with a UA Gross weight exceeding 55 pounds;

b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more than 50 knots and no further than 3/4 NM from the PIC;

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation;

d) Operations will be restricted to flights over property with the permission of the property

owner;

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type;

f) All required permits will be obtained from state and local government prior to opera tion;

g) The ME System will not be operated over densely populated areas;

h) The ME System will not be operated at air shows;

i) The ME System will not be operated over any open

- air assembl y of people;

j) The ME System will not be operated over heavily trafficked roads;

k) The ME System will not be operated within 5 NM of an airport or heliport;

l) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC wil l brief the VO and property owner about the operation and risk before the first flight at each new location;

n) No flight may be made without a Pre

- Flight Inspection by the PIC before each operation to
ascertain that the UA is in a condition safe for flight

.

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training.Page 4 of 11

I submit that the combination of the UA's light weight, flight performance and ability, fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions (a) through (n) lis ted above, the FAA can have full confidence that the operation will have an equivalent or greater level of safety than manned aircraft performing the same mission.

The name and contact information of the applicant are:

Robert Bear
596 Duck Call Cove Cordova, TN 38018 Ph: ( 901 ) 277

- 3101
Email: robert_bear@msn.com

The regulations from which the exemption is requested are listed below:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 91.109, 9 1.119, 91.121

- 14 CFR 91.151

- 14 CFR Subpart E (91.401

- 91.417)

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragr aph 16(e)(1)

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. Please c ontact us at any time if you require additional information or clarification.

I look forward to working with your office.

Sincerely,

Robert BearPage 5 of 11

Appendix A

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Moonlight Engineering, requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the ME System:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, I request an experimental certificate be issued for the ME System under either or both of the
f ollowing provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft ope rating techniques, or new
uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplementa l type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surve ys, sales demonstrations, and customer crew training, I would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operatio nal requirements. Combined with the UA’s light weight, being constructed primarily of carbon fiber and plastic, I propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an

exp erimental airworthiness certificate is not appropriate for this application, then I request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outl ined in the pr evious paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft

.Page 6 of 11

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight
of 12.7 pounds, the UA is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, I propose that documents deemed appropriate for this a ircraft by the FAA will
be co

- located with the crew at the ground control station and available for inspection upon
request.

In order to identify the aircraft, I propose that the information found on airworthiness and registration certificates be permane ntly affixed to the aircraft via placard containing the following information plus the word “EXPERIMENTAL” to satisfy the requirement of 14 CFR 45.23, which follows immediately after the proposed placard description below:

EXPERIMENTAL
Manufacturer: Fre efly Systems , Inc.
Model : Cinestar 8 If found pl ease contact: (901 ) 277

- 3101

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration
number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot
station.

The UA does not have an entrance in which the word "EXPERIMENTAL" can b e placed, and may not have a registration number assigned to it by the FAA.

I propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation.

Additionally, I feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground sta tion.

Finally, I will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the ba nner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight
manual is in the aircraft. I assume that the intent of this requirement is to ensure that flightPage 7 of 11

manual information is available to the aircrew while operatin g the aircraft. I request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, I propose that a current, approved UA Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61. 133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire.

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or prop erty for compensation or hire.

Our proposed operations r equire that the PIC must either:

(1) Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours of fligh t experience in this type of UA; or

(2) Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination."

Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's license, I propose to generate an equivalent level of safety by requiring our pilots t o complete, at a minimum, FAA
sport pilot ground instruction and pass the FAA Sport Pilot written examination.

Since the aircraft cannot carry passengers or property, I feel I meet the intent of 61.113 Subparagraph (b) even though the intent of this appl ication is to conduct a business.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight
instruction unless that aircraft h as fully functioning dual controls."

The ME System ground

- based control station consists of a small hand

- held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, andPage 8 of 11

will, operate the single set o f controls simultaneously. With both student and instructor having
"hands

- on" the controls during flight, I feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, I cannot comply with this requirement

.

In order to provide an equivalent level of safety I will only fly over private property with a size of at least two acres with the permission of the owner of the property flown over.

The aircraft will not be operated over congested areas or over any open air assembly of persons.

The property owner will be briefed on the expected route of flight and the associated risks to persons and property on the ground.

The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergen cy landing without undue hazard to persons or property on the surface.

Therefore I maintain that due to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in grantin g the exemption.

14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA on

- board c omputer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day

- VFR
conditions u nless there is enough fuel to fly to the first point of intended landing and to fly after
that for at least 30 minutes.

I feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UA is battery oper ated and the maximum duration of flight from a single battery charge is 18 minutes with a 20% reserve.Page 9 of 11

Since the aircraft will never fly more than 3⁄4 NM from the point of intended landing, a full battery charge at launch will ensure that I meet the reserve energy requirement of this paragraph.

I request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations

The regulation pro vides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authori zed under 43.7" after maintenance and inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service."

As provided in a Pre

- Flight Checklist, the PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight.

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller,
check ing electrical connections and updating software and firmware for the on

- board computer.

All other maintenance will be performed by the manufacturer or their designated repair facility.

The PIC will document work performed in accordance with 91.417

.

I feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer.

The UA maximum gross weight is 12.7 lbs , it is constructed of carbon fiber and plastic and the
PIC is not on board.

Both the PIC and the VO are required to be in VLOS.

Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and land without

crew intervention.Page 10 of 11

Therefore , requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden.

I propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the
PIC and V O can see and avoid air traffic.Page 11 of 11

Appendix B

MAINTENANCE

Monthly

 Check every boom for damage to the boom, UV coating and ends.

 Check all bolts/nuts/pressnuts etc.

 Clean PCB's with fine brush/loupe to make sure there are no foreign materials

 Check each prop with loupe for damage

 Inspect and measure each battery to check for swelling and damage

 Balance all batteries

 Inspect all wires in the b uild

Weekly

 Check for firmware updates

 Make sure all settings in MK tool are the same as prior week

 C heck ALL Molex connections hot glue

 Check ALl spi/10pin connections hot glue

 I nspect all solder joints with a loupe

 I nspect all the wires that are visible

 I nspect all batteries for damage (this applies to camera too)

 T est all downlinks (clip with MIMO antenna, Bolt 2000, bolt pro and 5.8 iftrons)

 T est gimbal and controller for gimbal

Pre

- flight

 Set a flight plan.

 Hand check each prop 2x.

 Check each boom to ensure it is tight

 Check battery tray, electronics etc. to ensure they are snug

 Ensure electronics are covered if flying in a dusty environment

 Check solar activity that AM

 Check weather that AM

 Let cast and crew know the dangers

 Prep a fire extinguisher (Class D)

 Ensure downlinks are working.

 1000m range test on pilot and gimbal radios

 Make sure all the switches are out, sticks are zeroed and sticks are in good condition

 Clear a 20x20 area with cones and have ground crew on intercept duty

 Call the local ATC tower (if within 5 miles of a tower)

 Remove cell phones etc from the flight area.