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, MEI 11705 Airport Way, Suite 307, Broomfield, CO 80021

jwright@FlyingLegal.com www.FlyingLegal.com p: 303

- 747

- 4000 f: 303

- 747

- 4001 July 2 2 , 2015

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

Re: Petition of 

### Mountain Air Videography for Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Gentlemen :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, Mountain Air Videography (“ Mountain Air ”) hereby applies for an exemption from Federal Aviation Regulations (“FARs”) identified below, to allow commercial operations of small

, unmanned aerial vehicles by and through small

, unmanned aerial systems (“sUAS”) for collecting residential and commercial real estate site survey data

, conducting

aerial videography and cinematography , mapping, and inspection operations

.

This exemption is requested in subject to and in conformance with those operations and protocols outlined in this Petition and the enclose d DJI Phantom 2 User Manual

, which contains operational guidance and protocols (“ sUAS Operator’s Manual ”) and any other requirements established by the FAA pursuant to the FMRA.

The sUAS Operator’s Manual contain s confidential, trade secret and proprietary information

that the Petitioner has not and will not share with others. Petitioner submits the sUAS Operator’s

Manual and all information contained therein as proprietary and confidential information pursuant to 14 C.F.R. § 11.35(b). The sUAS Operator’s Manual contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

I. Description of Petitioner

Mount ain Air Videography is a company specializing in professional surveys, inspections, mapping

, and aerial videography and cinematography

. Mountain Air seeks to provide high quality imaging for a variety of commercial, public and residential uses, including:

• Residential and commercial real estate photography and videography

• Film and documentary videography and cinematography

• Promotional and marketing media

• Site surveys and environmental monitoring

• Construction, development and real estate surveying and mappin g

• Industrial site surveysU.S. Department of Transportation July 2 2 , 2015 Page 2

II. Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") before completion of the formal UAS rulemaking, based on the following considerations:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator.

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".

Additionally, the F AA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), ( b) and §§ 44702

– 44716, et seq .). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to t he existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

III. Qualifications for Approval Under Section 333 of the FMRA

The proposed operations in this petition for exemption qualify for expedited approval

under Section 333 of the Reform A ct. Each of the statutory criteria and other relevant factors

are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controll ed as to access; and that (4) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose.

Petitioner’s sUAS are rotorcraft, weighing 50 or fewer pounds including payload. They

opera te, under normal conditions, at low speed and have the capability to hover, and move in the vertical and horizontal plane. Petitioner’s sUASs will operate in line of sight and will only operate within those area s de scribed in the enclosed sUAS Operator’s M anual

.

Given the small size of the sUASs involved and the restricted environment within which they will operate, this petition exemption falls within the zone of safety i.e., an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending completion of formal rulemaking. Also, due to the size of the sUASs and the restricted area in which the sUASs will operate, approval of the application presents no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority containedU.S. Department of Transportation July 2 2 , 2015 Page 3

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the public interest.

Accordingly, Petitioner respectfully requests the FAA grant the requested exemption without delay.

IV. Proposed Operations

The enclosed Manual describe s , in detail, the policies and procedures for Petitioner's proposed sUAS operations. To assist the FAA in its safety assessment of Petitioner's proposed sUAS operations, below is a summary of operational limitations and conditions

, which will

ensu re an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 50 pounds.

2. Flights will be op erated within line of sight of the Operator

.

3. Maximum total flight time for each operationa l flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery power of no less than 25%.

4. Flights will be operated at an altitude of no more than 5 00 feet above ground level ("AGL").

5. Flights will be operated at a safe lateral and vertical distance from and above any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.

6. The sUAS Pilot with Pilot in Command responsibilities for the flight will be the designated Operator (" Operator ")

. The Operator will be a n FAA licensed pilot.

7. The sUAS will operate only within a confined area as de scribed in the sUAS Operator’s Manual

.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

9. The Opera tor will have been trained in operations of s UAS generally and received up

- to

- date information on the particular s UAS to be operated as required in the sUAS Operator’s Manual

.

10. Written and/or oral permission from the relevant property holders will be

obta ined.U.S. Department of Transportation July 2 2 , 2015 Page 4

11. 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.

12. If the sUAS loses transmission signal, the sUAS will have the capability to

return to a pre

- determined location and land.

13. Contingency plans will be in place to safely terminate flight if there is a loss

of transmitter communication s or a loss of GPS signal

.

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

V. Regulations From Which Exemption is Requested

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, including sUASs, from its safety regulations and minimum standards when the Administrator decides a requested exemp tion is in the public interest.

Petition er seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting Aerial Videography, Cinematography, Surveys and Inspections and Mapping using sUASs. Listed below are (1) the specific sections of 14 C.F .R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought.

A. 14 C.F.R. Part 21, Subpart H

– Airw orthiness Certificates and 14 C.F.R.

§ 91.203(a) and (b)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness and registration certificates as required by 14 C.F.R.

Given the size and limited operating area associated with the sUAS to be utilized by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements of an equivalent level of safety under Part 11 and Sec tion 333 of the Reform Act.

The Federal Aviation Act 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 UAS.

In all cases, an analysis of these criteria demonstrates that the sUAS operated

without an airworthiness or registration certificate, in the restricted environment and

under the conditio ns proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificate without restrictions and conditions of the proposed sUAS operations.U.S. Department of Transportation July 2 2 , 2015 Page 5

Equivalent Level of Safety

The sUAS to be operate d hereund er, DJI Phantom 2 multi

- roto r rotorcraft, weighs

less than 55 pounds with payload, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured

and sterile area. Unlike other civ il aircraft, the proposed operations will be controlled and monitored by the Operator pursuant to the Flight Operations Manual’s requirements.

These safety enhancements, which already apply to civil aircraft operated in connection with existing aerial vi deography operations, provide a greater degree of safety

to the Petitioner's employees, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, app lication 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, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial

external load.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise req uire certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C. 14 CFR § 61.113: Private Pilot Privileges And Limitation s

Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which

would also have t he effect of requiring a second

- class medical certificate.

Equivalent Level of Safety

I n Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA

determined that a n Operator with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Additionally, as previously determined by the Secretary of Transportation, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with Section 333. The aerial videography and cinematography conducted by Mountain Air occur in areas where access to the public is limited and controlled. T he operation will have no substantial impact on any third persons not involved in the productions

.

Because Mounta in Air will operate in controlled areas , the s UAS will be flown

based on visual li ne

- of

- sight at altitudes below 5 00' AGL. Accordingly, Mountain Air request that this exemption be granted without requiring the Operator to have an FAA pilot’s license or the requirement of a visual observer

.U.S. Department of Transportation July 2 2 , 2015 Page 6

D . 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Petitioner seeks an exemption from the aircraft marking and identification requirements co ntained in 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is

identified in accordance with Part 45 of th is chapter.

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked on its fuselage as required by § 45.29(f).

The FAA has previously issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A.

E . 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Petitioner seeks an exem ption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states:

(b) 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.

Given its physical dimensions, configuration and load capacity, the sUAS has no

abilit y to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the sUAS flight manual at the ground control point where the Operator will have immediate access to it. Accordingly, Petitioner requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition th at the sUAS flight manual be available at the control point during each operation.

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.U.S. Department of Transportation July 2 2 , 2015 Page 7

F . 14 C. F.R. § 91.7(a): Civil Aircraft Airworthiness

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, sh ould this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Equivalent Level of Safety

The DJI Phantom 2 has a stellar safety record, demonstrating that the sUAS is airworthy. Further, given the size of the sUAS a nd the requirements contained in the

sUAS Operator’s Manual for maintenance and pre

- flight safety check lists, an equivalent level of safety will be provided.

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.

G . 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, includ ing information

contai ned in the FAA

- approved flight m anual on board the aircraft. While the Operator will be familiar with all information necessary to safely conduct the flight, an exemption is requested to t he extent that an FAA

- approved f light manual i s required on board the

aircraft.

Equivalent Level of Safety

Following the sUAS Operator’s Manual will provide an equivalent level of safety

. The Operator will take all required preflight actions

- including reviewing weather, flight battery requirements, landing and takeoff distance, and aircraft performance data

- before initiation of flight. The sUAS Operator’s Manual will be kept at the ground station w ith the operator at all times.

H . 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flig ht instruction unless that aircraft has fully functioning dual controls." sUASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a box that communicates with th e aircraft via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons wi ll be a safe distance away in the event that the sUAS experiences any difficulties during flight instruction.U.S. Department of Transportation July 2 2 , 2015 Page 8

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. Exemptions include: Nos. 5778K and 9862A.

I . 14 C.F.R. § 91.119: Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less th an those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

To pr ovide the intended aerial video operations , the sUAS is normally operated

below 500 feet AGL. Additionally, due the nature of the proposed operations, the sUAS

will maintain a safe lateral and vertical distance from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum

55 pounds proposed herein, and given the lack of flammable fuel, any ris k associated with these operations is far less than those that presently exist with conventional aircraft. An 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. As set for th in the sUAS Operator’s

Manual , the sUAS will be operated in a confined area, where buildings and people will not be exposed to operations without their pre

- obtained consent. Because of the advance notice to the property owners and participants, all affe cted individuals will be well aware of the planned flight operations as set forth in the sUAS Operator’s Manual

.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitu de regulations. Finally, the successful safety record of the DJI Phantom models demonstrate that the sUAS can be safely used at these lower altitudes and closer operating environments.

J . 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the sUAS does not have a barometric altimeter, but rather

a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth

in the sUAS Operator’s Ma nual . As prescribed in the sUAS Operator’s Manual , theU.S. Department of Transportation July 2 2 , 2015 Page 9

operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the Operator will use the GPS altitude indicator to constantly

monitor the sUAS's height, thus ensuring operation at safe altitudes.

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

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 stat es:

(a) No person may begin 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.

Here, the battery powering the DJI Phantom 2 provides approximately 15 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C. F.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amount of battery life is needed. Petit ioner will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be

conducted on

- site without significant transit time by the sUAS. All flights will be planned

t o be terminated with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operati on to the landing zone.

This request for exemption falls within the scope of prior exemptions, including Exemption Nos. 10673, 2689F, 5745, 10673, and 10808.

L . 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and

Registration

Petitioner seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. § 91.203(a) and (b). The regulation states in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it

h as within it the following:

(1) An appropriate and current airworthiness certificate...U.S. Department of Transportation July 2 2 , 2015 Page 10

(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 und er

§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

An exemption to this regulation is necessary because: (1) the sUAS's configuration, load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which documents could be displayed; and (3) there are no passengers or crew for whom the certificates need to be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the Operator will have immediate access to them.

The FAA has issued numerous exemptions to this regulation, including: Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

M . 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a)

and (b): Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to

14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required ions ...have discrepancies repaired as prescribe d in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Operator’s Manual and the

Manufacturer’s Manual . As provided in the sUAS Operator’s Manual , the operator will

ensure that the s UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 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.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk th an that associated with conventional rotorcraft performing the same operation.U.S. Department of Transportation July 2 2 , 2015 Page 11

VI. Public Interest

Granting Mountain Air 's exemption request furthers the public interest. National policy set by Congress favors early integration of UAS into the nationa l airspace in controlled, safe working environments such as those propose in this petition. In addition, maintaining worksite safety has been a priority of state and local governments for decades.

Conducting aerial videography with the s UAS, instead of ma nned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial video production flight operations. By using battery power and electric motors, the s UAS produces no air pollut ion, and is the most viable environmentally conscious alternative to piston or turbine powered rotorcraft. The sUAS , while reducing the carbon footprint of aerial video productions , also eliminates noise pollution as its battery

- powered electric motors are barely audible during the takeoff phase, and cannot be heard when operating more than 100 feet above ground level.

By using the s UAS to perform aerial videography, the substantial risk to life and property in the air and on the groun d, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of

aircrew members locate d onboard the aircraft, the minimal size and weight of a sUAS creates
le ss physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct aerial videography

.

In addition, granting the exception will help advance the knowledge base for conduct ing commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate us e of helicopters to conduct

similar aerial videography operations. The UAS in question is very light weight and does not carry any flammable fuel, further reducing the risk from any potential accident.

VII. Privacy

All of the proposed flights and videography will be only be conducted after obtaining any individual subject matter’s permission. All flights will occur over public right

- of

- way or private property with the property owner's prior consent and knowledge. T he proposed operations will not impact privacy concerns beyond those already implicated by manned aircraft aerial videography operations.

VIII. Federal Registry Summary

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

Mountain Air Videography seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. 61.113; 14 CFR 91.7(a); 14 CFR 91.9(b)( 2); 14 CFR 91.103; 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 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of these exemptions allowing commercial operations of small and lightweightU.S. Department of Transportation July 2 2 , 2015 Page 12

unmanned aircraft ("sUAS") to conduct aerial videography and cinematography operations will enhance safety by reducing risk to Mountain Air ’s employees, the general public and property

owners.

The DJI sUAS, weighing less than 55 p ounds , with payload, and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is transported to the designated survey area set up. It is not flown from a n external locati on to the work site. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of this small UAS will provide an equivalent level of safety, supporting the grant of th e exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight sUASs operate at slow speeds , close to the ground, and in a controlled environment. As a result, they are far

safer than conventional aerial videography and cinematography operations conducted with fixed wing aircraft or helicopters.

IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2 012

— size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

— provides more than adequate justification for the grant of the requested exemptions to permit Mountai n Air Videography to operate sUASs in support of its aerial videography and cinematography production operations in accordance with

the sUAS Operator’s Manual appended hereto.

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving aerial videography operations and decreasing op erating costs, and (3) providing an environmental ly conscientious way of producing aerial videography and cinematography operations

.

Sincerely,

John L. Wright

Encl :

- DJI Phantom 2 User Manual